NRI
Giving, using or cancelling a power of attorney from abroad
A power of attorney is how most NRIs act in India. A badly drafted or badly executed one causes more disputes than it solves.
Answer a few questions and get your list →What the law says
A PoA signed abroad is generally executed before an Indian consulate, or before a notary and then apostilled. It must usually be stamped in India within a set time after it arrives, and registered if it will be used to sell property.
General information, not legal advice.
Papers that usually help
- A clear PoA draft naming the property/case and the exact powers
Vague, broad drafts are the main cause of misuse and rejection. - Execution proof: consular attestation, or notarisation + apostille certificate
Registrars and courts check this first. - Stamp duty payment / adjudication in India
Unstamped documents can be refused or impounded. - Registration of the PoA (if it will be used to sell property)
Many registrars require it. - Passport/OCI copies of you and ID of the attorney holder; photos
Required at execution and registration. - The written rejection or objection
Tells you what to fix. - Revocation deed executed abroad, and notices to the holder, sub-registrar, banks and buyers
Revocation must be communicated to be effective against others. - Records of what the holder did (deeds, bank withdrawals, messages)
Supports civil and criminal action.
Questions Saboot will ask you
- What do you need?
- What is it for?
- Which country are you in?
- Where is the document now?
Sources
Common situations
- Give power of attorney from abroad to sell property
- Cancel a power of attorney I gave
- Attorney misused my power of attorney
- Sub-registrar rejected my foreign POA
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