No, granting a Power of Attorney (POA) does not mean that Non-Resident Indians (NRIs) lose control over their own affairs. The POA simply authorizes someone else to act on their behalf for specific tasks. NRIs can still make decisions and can also revoke the POA at any time.
Archives: FAQs
Is it possible to limit the scope of POA?
Yes, with the help of special power of attorney one can specify the tasks to be done via particular clauses.
How long is a POA valid?
A Power of Attorney (POA) remains valid until it is revoked or when the principal passes away.
Who should be a good choice as an agent?
A good choice as an agent is someone who can be trusted, take responsibility, and handle your matters judiciously and efficiently.
What is the sensitive part of granting POA?
The utmost sensitivity involves while granting POA is trust. Trusting someone else with significant control over your affairs can trigger fear or anxiety.
Why is POA especially important for NRIs?
POA is especially important for NRIs because it allows them to manage their affairs in their home country remotely, such as handling property, banking, or legal matters, without being physically present.
What government resources are available specifically for NRIs with property issues?
NRIs can utilize the MADAD Portal (Ministry of External Affairs’ online consular service), special NRI Cells at major city police headquarters, and the Overseas Indian Facilitation Centre that provides assistance with property matters. Additionally, there are NRI-focused law firms, professional property management services, and online dispute resolution platforms available.
Are property transfers via Power of Attorney legally valid in India?
No. According to the Supreme Court ruling in Suraj Lamp & Industries Pvt Ltd. vs. State of Haryana (2011), property transfers via General Power of Attorney (GPA) sales or sale agreements/GPA/will transfers are not legally valid methods of property transfer. The only valid method is through a registered deed of conveyance.
Does changing citizenship affect an NRI’s rights to ancestral property?
No. The Supreme Court has upheld that changing citizenship does not alter inheritance rights to ancestral property. NRIs maintain their rights to inherited property despite long absence from India.