How to get Power of Attorney attested by Indian Embassy?

I am currently in USA and have a property in Gurgaon that need to be registered.

The builder is asking for ‘registered power of attorney’ to let my mother sign and take the possession of the apartment.

There are two main steps to create a ‘Power of attorney’ that can be used for property registration in India:

1. Attestation of Power of attorney by Indian Embassy

Applicable only if you are outside India.
Check this link for sample ‘Special power of attorney’ that can be drawn for property management in India and then get it attested by Indian Embassy.

2. Registration of Power of attorney - To be done in India

Complete step by step process and required documents mentioned here:

Hello @Anil_Gupta

I will be traveling to Atlanta embassy to get my POA attested next week as I am purchasing an apartment in India. Could you please help me with these questions.

  1. I will be providing a POA to my dad in State Bank of India’s format so he can apply for a house loan on my behalf. I believe I need to get this POA attested by the embassy as well.

Do I still need to provide the special POA detailed in your post, in addition to the housing loan POA?
If yes, Can the embassy attest both POAs at the same time?

  1. Since we have to take copies of all documents to the embassy, do i need to notarize witness signatures on both copies OR can i notarize the original and make a copy of it?

SBI PoA format

I am not sure what all has been written in SBI PoA format.

Since, there is no common format, there could be many things that SBI may have missed writing into the PoA.

We have provided a sample PoA here for easy identification of the points that you should write for buying an apartment.

Just compare and see what is missing and you can add it to your PoA.

Bank’s PoA are pretty generic. On the other hand, the PoA required by property registrar office in India needs to be specific and specially created for that particular property with its address clearly mentioned on it.

Yes, embassy can attest as many PoA as you want. They actually do not read the PoA contents and neither do they verify it. Their ONLY role in attestation is to attest YOUR signature on the document. That’s it.
What you have written in PoA is your responsibility. Embassy does not care about it.

Create PoA copy

Yes, you can create one original copy, get it notarized and then use the photocopy to submit in Indian embassy.

Hi, my sister has a house in her name in India, but lives in the US.

She has a buyer for the house but is unable to travel to India at this time to take care of the paperwork.

Can she use this attestation/registration of POA to my father who also resides in the US and make him the POA so he can take care of all the paperwork in India to sell the house?

If so, do both of them have to go to the Consulate office? Thank you in advance.

Daughter can give PoA to Father

Yes, your sister can give a PoA to her father and his father can sign in India on her behalf.

Both daughter and father have to go to Indian Embassy

Yes, both daughter and father have to go to Indian Embassy and sign on PoA in front of Indian Consulate.

2 posts were split to a new topic: How to Create Power of Attorney for India in Oman?

If we are writing the place and date on the witness signature page ,then whether it will be the place and date of executant’s residence or the place and date need to be mentioned as embassy’s attestation date and place ?

Name and place of witness should be the one where they are, at the time of signing.

Hello Anil
I have a question about getting Power of Attorney. I am going to buy land in India without getting any loan.
So as to give Power of Attorney to my father, do I still need to get it done in the Indian Embassy ?

I see online that only for selling a property, POA should be done in Embassy. For buying land without loan, could POA be done via Notary here in US ?

Few people have mentioned this is possible. Please let me know.

Karthik

Hi @karthikav24

Each POA should be attested by Indian Embassy especially for property dealings in India.

2 posts were split to a new topic: Cn person in India sign POA after Indian Embassy attestation in USA?