Buying and Selling land in India by OCI (US Citizen)

akigir

Hi,
I have a question regarding buying and selling of land in
India by Overseas Citizen of Indian Origin. If a person is currently US Citizen who bought land in India when he was Indian citizen , can he give Power of Attorney to his Indian relatives to sell the property registered under his name which he bought when he was Indian Citizen?

Thanks.

capt_mahajan

Not a legal expert, but I don't see why not.

nabamitamukherjee

At any point of time, if u were an Indian Citizen or your father, grand father or great grandfather, then u are a Person of Indian Origin according to the Reserve Bank of India guidelines....hence, even if you are not an Indian Citizen now, u can sell ur property giving a general power of attorney to anybody who is in India (provided that is not an agricultural land). The registration laws of a GPA (General Power of Attorney) have different rules and regulations depending on the states.

There is no problem at all, however it is always advisable to get a PIO (Person of Indian Origin) Card from the Indian Embassy, so that u do not face any kind of hassle ...also u can apply for a dual citizenship of India as well as the country of ur residence... these make things a little simpler...

Mickey S

Is anyone going to take legal advice from someone who writes "u" and "ur"?

As has been said many times before on this forum, you may get a lot of ideas and opinions but a definitive answer should be sought from a professional.

nabamitamukherjee

very good introspection buddy !!! however before making any such comment, why dnt u verify the facts ...if u thnk u know too much why dnt u answer his queries,rather than confusing him ??? I quite doubt whether r u grossly qualified to comment on that, bcz any person who is, will be more interested to learn the facts, rather than brooding over "u" or "ur"...!!!

capt_mahajan

nabamitamukherjee, welcome to indiamike

A forum where us moderators discourage sms-speak.

Other than that, I am sure your input in your first post has some validity.

nabamitamukherjee

Point Noted Captain !!!

However, I did not know this... I keep on posting while on work because I have numerous Non Resident Indian clients, for whom I have to be online almost for 10-12 hours in different sites. Hence, I just thought of helping somebody out because this is the core area of my working !

I guess this time I have not made a mistake !

capt_mahajan

all settled then.

To the OP, keep in mind some people will not buy on a Power of attorney because it can be revoked and is therefore more risky. There are horror stories.

All it means is that you may have fewer customers as a seller.

nabamitamukherjee

One might not opt for a GPA, there are provisions for Special Power of Attorney as well, which restricts or curbs down the rights of a POA. The points can be customised.

Personally, if you ask me, I do not encourage people buying or selling on a POA because people might be harassed. In case it becomes impossible for a client to come, I ask them to give a POA to his wife or mother...(but has to be doubly sure). In banking we normally used to accept a General Power of Attorney though, that too registered from the Magistrate.

For buying there are lot of other option, like giving a bank mandate, however for selling it is a little difficult.

shashank.aggarwal

Hey Nabamita, welcome to Indiamike, I hope your help here would resolve lot of issues and confusion.

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nabamitamukherjee

Thank you so very much ! I really hope it does.

Mickey S

It's "we" moderators.

capt_mahajan

Congratulations!

Nick-H

We don't discourage bad grammar and spelling... just SMS!

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vsn

On the same line of this topic, Any idea will the indian consulate give POA to OCI? The Indian consulate here does not respond to phone or email. I have been looking to find this out this for more than a month. Please advice. If the answer is yes, what is the procedure?

Thanks,
vsn.