Step-by-Step: Creating a Power of Attorney for an NRI Property Holder
To create a POA for an NRI for property in India, you will need to:
- Draft the POA: You can draft the POA yourself or consult with a lawyer. The POA should clearly state the powers and duties that you are granting to the POA holder. You should also specify whether the POA is general or specific. A general POA gives the holder broad powers to act on your behalf, while a specific POA only gives the holder the powers that you ausdrücklich specify.
- Sign the POA: The POA must be signed by you in the presence of two witnesses. The witnesses must also sign the POA.
- Attest the POA: If you are signing the POA outside of India, you will need to have it attested by the Indian Embassy or Consulate in that country. If you are signing the POA in India, you can have it attested by a notary public.
- Register the POA: The POA must be registered with the Sub-Registrar's office in the district where the property is located.
Once the POA is registered, the POA holder will be able to act on your behalf on all matters related to the property.
Here are some additional tips for creating a POA for an NRI for property in India:
- Choose the POA holder carefully. The POA holder should be someone who you trust and who is familiar with Indian law and property matters.
- Make sure that the POA is clear and unambiguous. The POA should clearly state the powers and duties that you are granting to the POA holder.
- Keep a copy of the POA for your records. You should also give a copy of the POA to the POA holder.
- Review the POA regularly. You may need to update the POA if your circumstances change or if there are changes in the law.
It is also important to note that a POA is not a permanent solution. You can revoke a POA at any time by giving written notice to the POA holder.