A Power of Attorney is a document that demarcates and lists out the powers that are shared with the Power of Attorney Holder. There can be several types of POA’s such as General POA’s and Special POA. Minor and disqualified individuals by the law cannot provide for a POA. POA’s are used mainly by NRIs to administer and manage their property in India. The method of getting a power of attorney in India by an NRI (holding an Indian passport and not being present in India) is as follows –

  • The important points should be written by the NRI on a piece of paper in plain and understandable English. The main reason behind this is that all that as to be shared with a POA holder can be done easily. The wordings of the POA should be checked and done carefully and should also be given to an individual who genuinely wishes to perform the services mentioned for you. In case the NRI is not in India during that time the step of having it on a legal paper can be avoided and the same can be done on an A4 size paper.
  • This NRI should get the POA attested by the Indian Embassy/Consulate in the country where they are residing. This has to be done alongside two witnesses.
  • This Indian Embassy/Consulate signed/attested POA has to sent to India through the postal services available. These POA’s have to be stamped and adjudicated within three months of receipt in India.
  • Whoever the person in India is, has to make this legal and valid and thus, the same should be registered. Under the Registration Act, however, it is not necessary for a POA to be registered (in cases of general POA’s) however it is normal practice to register the same when dealing with immovable property.
  • The government office is figured out through the address of the POA holder and not the NRI’s address.
  • Documents usually required would be the – affidavit, the envelop in which the POA was mailed (has been asked for as proof in certain cases), passport photocopies of the ones who have written/created the POA/executants, address and ID proof of the one holding the POA, document regarding the relationship between the POA executor and POA holder, original POA etc.

Usually, the POA is registered and can be obtained in 15 days.