General Power of Attorney for NRI
General Power of Attorney for NRI without visiting India, is it possible?
Overview of General Power of Attorney for NRI
Power of Attorney deals with a situation where the Principle appoints an attorney to legally represent him in case of his absence. Under General Power of Attorney for NRI, the agent can execute almost any act as the principal. The General Power of Attorney for NRI consists of a wide range of powers and is not confined to any particular work. Hence, it needs to be appointed only to a very trustworthy person. An NRI can become a Power of Attorney without having to travel to India for that purpose.
At Law Advisor India, we’ve figured out the least tiresome and most cost effective procedure of General Power of Attorney for NRI. Click the button below for free legal advice from expert NRI lawyers.
Procedure of General Power of Attorney for NRI
• Step 1: NRI LEGAL CONSULTATION
Our first step in the process of drafting general power of attorney for NRIs like you.
•Step 2: FINALIZING THE BEST LAWYER WHICH SUITS YOU THE MOST
Following up with the initial consultation and upon understanding your exact query, we will finalize the best legal drafter for general power of attorney for NRI. Your assigned NRI legal document maker as well as your personalized case manager would be available on call 24*7 at timings which suit you the most. The aim is to simplify the process of making general power of attorney for NRIs like you and to provide you with the general power of attorney within 3 days.
•Step 3: SUBMISSION OF DOCUMENTS
For general power of attorney for NRI, documents including address proof, identity proof and purpose of power of attorney must be submitted to us.
•Step 4: DRAFTING GENERAL POWER OF ATTORNEY
Our representative will draft the general power of attorney for NRI as per the updated guidelines of 2020 on your behalf and send it over to you.
Documents Required for General Power of Attorney for NRI
Why Law Advisor India?
Law Advisor India along with the panel of effective and resourceful NRI lawyers provides fastest NRI legal services. If you’re an NRI and are stuck with any legal work in India. We ensure we’ll get it done for you in record time.
Cost of General Power of Attorney for NRI starts from 49$; and varies according to the complexity of your case. This 49$ includes the primary NRI Property lawyer consultation fees along with the documentation cost.
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FAQs about General Power of Attorney for NRI
To get a suitable General power of Attorney for NRI, you have to visit the Indian Embassy of the city and country where you are situated and sign the document in front of the consulate officer. The documents also involve a photograph, your left thumb impression and your signature for it to be considered as valid.
In detail there are two types of PoA which is General Power of Attorney (GPA) or Specific Power of Attorney (SPA).
· NRIs, PIOs and OCIs need not prepare it on the stamp paper from India. It can be typed or written on any plain paper. All the powers that you are delegating must be clearly stated in simple words.
· State all the terms and conditions to be followed by the nominated person in PoA.
· Prepare two copies of it.
· Sign them in front of the consul & in the very presence of two witnesses.
· If the witnesses are not present at consulate, you can get their signature and notarize them.
A General Power of Attorney is deemed to be an attorney to which one person assigns powers of transaction in matters concerning property, banking, legal and judicial transactions, tax payments, to other person due to certain motives like being out of country, or getting old, or not able to attend one’s duties in those matters.
- General power of attorney for NRI document (or deed) should be registered in the Registrar Office or any other authorized agency to make it a valid legal document. GPA can only exercise those deeds for which he is empowered by the owner in GPA document. He can not do some action merely because he is a GPA.
- On the other hand, a sale deed can be considered as legal title of ownership for any property but not GPA. It is the legal document executed by the seller , and narrates a sale of a particular property, owned by the seller, and transferring the ownership and possession to the buyer. The document describes the name and address of the seller and buyer, the full details of the property and the total amount of sale price and how it is given and received. The deed is made on stamp paper of requisite value or stamped for the value and registered with the relevant registrar office.
- Complete the legal paperwork. Fill out a formal revocation document to cancel any existing powers of attorney in a form template specific to your state.
- Advise the attorneys that their powers have been annulled. To avoid any problems, all the attorneys must have a copy declaring your wishes to revoke their powers of attorney. This can also be done through a simple mail.
- Destroy previous documents. Once you have changes or revoked a power of attorney, diminish any copies of the document from files, family members and even attorneys. Keep a copy of new documents for your records.
The following formalities should be completed in order to ascertain the process of General Power of Attorney for NRIs is legally valid:
- The Deed has to be prepared on a plain paper and attested in the Indian Embassy or by a Notary from that country.
- The Grantor should put his/her signature in all pages.
- The deed ought to be sent by registered post to an Indian address in the name of an identified person.
- The individual in India to whom the deed is sent should get the deed registered in the Sub-Registrar office in the area where property is located or the place of residence.
While assigning a Power of Attorney it is imperative to include certain mandatory clauses depending upon the type of power of Attorney that is made. Some of the essential clauses that are required in the General Power of Attorney deed are as follows:
- Identification details like name, age, address and occupation of the Principle
- Legal validity of the motive for appointing the Power of Attorney
- Technical details like date and place of initiation of the deed and date from which it comes into force.
- Under general power, all the acts and areas of granting the power should be mentioned unmistakably. It should also mention if there is a presence of any particular act that is not to be done by the Attorney in.
- Selling the property by the way of General Power of Attorney for NRI has become widespread practice across Indian cities, owing to the monetary benefit to both the purchaser and the seller.
- A sale deed must be carried out for transmitting property titles. Afterwards, the buyer has to forfeit stamp duty and registration charges. The supplier will also have to bear the burden of capital gains tax on the operation.
- By transferring property title from a General Power of Attorney, these charges are annulled.
- From the seller’s outlook, a General Power of Attorney makes it possible to bear the transaction even if they do not seize clear property titles. On the contrary, from the buyers’ perspective, they can manage to pay for property at much cheaper charge than the market price.
To summarize, the law bears that a power of attorney is not a tool of transfer in regard to any right, title or interest in an immovable property but any genuine contract carried out through General Power of Attorney is deemed valid under the law.