Power of Attorney for flat in India

Hi,

My parents transfered a flat in Mumbai to my name while I was an Indian citizen. I gave them a general power of attorney to enable registration of the flat & rental while I was an Indian citizen.

I am now a US citizen. I am applying for but not yet an OCI or PIO.

My parents need an updated power of attorney in order to renew the registration on the flat in Mumbai.

My questions : Can I send them a power of attorney from the US signed in front of a notary public ? Or does the POA document have to be signed in India ? Do I need to state in the Power of attorney document that I am a US citizen? And secondly does becoming a US citizen change my situation? (this is a flat, not agricultural land etc). Or do I need to sign the POA at the American consulate in Mumbai ?

Any help and advice would be very appreciated !

- Sandeep

Hello Sandeep, and welcome.

You need a lawyer.

There's all sorts of skills and knowledge floating around here, and you might even succeed in getting an opinion on this complex question. To the best of my knowledge, there are no practicing Indian lawyers on the site --- or if there are, they wisely keep it to themselves, because they came to join a travel site, not another place to work

OK... here's my opinion: Get your parents to sort it out with an advocate in Mumbai.

But, just for curiosity: why would a registration need renewing? Surely it done once and forever for a given transaction?

Hi Nick,

Thanks for your quick reply. I will definitely follow up with a lawyer, but, wanted to get the opinion of people on the forum first.

My parents rent out the flat. To register their rental documents they provide the power of attorney from me. So far, they have used the general power of attorney I've given them. However, going forward, the registrar requires a specific power of attorney that indicates rental.

Strange...

Thanks for the explanation.

Hi,

Currently I am in US, I would like to give power of attorney to my father/brother to purchase the site on behalf of me. I heard there is something called Specific GPA, which needs attestation from Indian embassay. Can somebody provide more insight about this process.

Do I need to go to Indian embassay? or can it be done through post?

Thanks,
Chandru

All, please do remember that there are several issues involved with owning property in India, specially if you are not resident there (eg. declaration of wealth issues and tax issues in your country of residence). Please check with lawyer, in India to begin with.

If you are living abroad, your PoA has to be notarized by the indian embassy in that country. The PoA is very specific to the sale, rental etc. Ideally an indian lawyer should draft it. General PoA is not accepted. Its also very specific to that particular sale/rental registration. You have to mention the details of both parties in the transaction. For each such sale/rental you need a new PoA. Also you can give it only to a direct blood relative.

These are fairly new rules because people were earlier selling through PoA, ie you would simply give an indefinite PoA to the buyer, by passing registration and thus no need to pay stamp duty.

Some properties in Mumbai have been sold and resold many times simply by passing on the PoA. Not possible any more.