To send a Power of Attorney (POA) from abroad to sell property in India, follow these steps:
- Draft the Power of Attorney: Prepare a Power of Attorney document clearly outlining the powers granted to the attorney-in-fact (the person you authorize to act on your behalf) to sell the property in India. Ensure that the document complies with Indian laws and includes all necessary details, such as property details, your identification, and the attorney-in-fact’s details.
- Notarization: Get the Power of Attorney document notarized by a notary public or a competent authority in the country where you are residing. This step ensures that the document is legally valid and authenticated.
- Attestation by Indian Embassy/Consulate: Take the notarized Power of Attorney document to the nearest Indian Embassy or Consulate in your country. Request them to attest the document to verify its authenticity and validity. This step is essential for legal recognition of the POA in India.
- Stamp Duty: Check the stamp duty requirements for the Power of Attorney document in India. Some states may require the POA to be stamped as per the Stamp Act. Pay the applicable stamp duty either online or through an authorized bank.
- Sending the POA to India: Once the Power of Attorney document is notarized, attested by the Indian Embassy/Consulate, and stamped (if required), send the original document to your authorized representative or attorney-in-fact in India through a reliable courier service.
- Receipt by the Attorney-in-fact: Ensure that the attorney-in-fact receives the original Power of Attorney document in India. They may need to present the document to relevant authorities, such as the Sub-Registrar of Assurances, during the property sale process.
- Registration in India (Optional): While registration of the Power of Attorney document is not mandatory for its validity, it is advisable to register the POA at the office of the Sub-Registrar of Assurances in the jurisdiction where the property is located. This provides additional legal authenticity and protection.
- Proceed with Property Sale: Once the attorney-in-fact receives the POA and completes any necessary registration formalities, they can proceed with the sale of the property on your behalf as per the terms outlined in the Power of Attorney document.
It’s essential to seek legal advice from a qualified lawyer familiar with Indian property laws to ensure that the Power of Attorney document complies with all legal requirements and facilitates a smooth property sale process in India.