How do I give a power of attorney to someone in India from Australia?

First, let me explain the eligibility criteria and then provide the real example of how we executed the POA for sale deed registration and loan clearance

Eligibility

• Prefer to give POA to your blood relative because the stamp duty is just Rs. 200/- for blood relative.

• POA to non-blood relative is 6.6% of your selling or buying price (5.6% of stamp duty and 1% of registration cost). However, you can offset this cost at the time of sale deed registration.

• Father, mother, brother, and sister are considered as blood relatives. In-law, nephew, and cousins doesn’t come under blood relative category.

• If you are giving POA to your blood relative, any government-approved ID proof should establish the relationship. For Example: if you are giving POA to your father in India, your Aadhar or passport should have your father name as son of or daughter of

• POA in Australia can be notarized or attested from Indian embassy.

• In India, POA should be adjudicated, in the jurisdiction where the property you intend to buy or sell.

Step by step execution procedure:

Step 1: One of my client Mr. Ratheesh live in Australia. He owns a property in Bangalore and he wants to sell his property. We found a buyer for his property.

Due to some situation, Mr. Ratheesh could not able to travel to India to complete registration. Hence we requested Mr. Ratheesh to give POA to his blood relative in India.

Mr. Ratheesh decided to give POA to his father, who lives in Kerala now,

We prepared a draft in word file. Below draft image for your reference.

Step 2: Mr. Ratheesh printed the draft on A4 size normal paper. (One side print per page, no back-to-back page print)

Step 3: Mr. Ratheesh got the POA attested by notary and Indian embassy in Australia.

Any one of notary or embassy attention is sufficient but my client Mr. Ratheesh got attested from both notary and Indian embassy.

Below attested images for your reference.

Step 4: Sent the attested POA to India through DHL international. Below is the image of the package

Step 5: We approached the district registrar office with the following documents

1. Attested Power Of Attorney (POA)
2. ID proof. Preferably Aadhar or passport printout
3. Requestion letter (Attached the image below for your reference)
4. International shipment package which received from overseas.
5. Stamp Duty from K2 Challan

Below is the image of requisition letter

(Please be noted, there could be multiple district registrar office in your city, especially in metro city

For example: In Bangalore urban, there is 5 district registrar office. They are,

1. Shivaji Nagar
2. Rajaji Nagar
3. Gandhi Nagar
4. Jaya Nagar
5. Banasavadi

One should approach the district registrar office in the jurisdiction of where the property you intend to buy or sell.)

In this case, the property is located in Kasavanahalli in Bangalore. Kasavanahalli comes under Shivaji Nagar district registrar,

Step 6: In the district registrar, We submitted the documents for verification, which include original POA, aadhar, passport, and pan. Our proofs were able to establish the blood relation (Father & son)

We were asked to pay the stamp duty of Rs. 200/-. Below payment receipt for your reference.

Step 7: We were asked to collect adjudicated POA tomorrow. Hence we came back next day to collect the POA.

An office boy demanded the bribe. We denied to pay, as giving and take bribe is offense as per Indian law. We felt that office boy intentionally taking time to hand over, however, we waited and received the adjudicated POA.

Below is the image of the adjudicated POA.

Step 8: We used this POA for sale deed registration and cleaning existing home loan.

This completes the process.

We provide end-to-end assistance to execute POA. To opt for our service, please Whatsapp to 9 7 4 2 4 7 9 0 2 0.

Thank you for reading…