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NRI should give a POA to blood relative or Non-Blood relative in India? Is there any additional stamp duty if POA is given to non-blood relatives?
NRI should give a POA to blood relative or Non-Blood relative in India? Is there any additional stamp duty if POA is given to non-blood relatives?
PGN Property, Real Estate & Documentation Consultant with 21+ years of experience
Answered on April 07,2023
Answered on April 07,2023
POA abbreviation is Power of Attorney
Before I answer your question, let me classify blood and non-blood relatives
The following people are blood relatives (or close family members):
- Father
- Mother
- Brother
- Sister
- Husband
- Wife
- Son/Daughter
The following people are non-blood relatives:
- In-laws
- Uncle
- Aunty
- cousin
- Nephew
- Niece
- Advocate
- Agent
- Broker
- and anyone apart from your close family members
Note:
- The above classification is subject to Karnataka.
- In few other states in India, in-laws, Nephews and nieces are considered blood relatives so please check your local regulation for exact information.
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Now comes to your question. In NRI property transactions, POA are two types
- POA for Buying
- POA for Selling
POA for Buying:
- POA is used for buying a property
- POA can be given to anyone that includes blood or non-blood relatives
- The Stamp Duty is just Rs. 200 (subject to Karnataka)
POA for Selling:
- POA is used for selling a property
- POA can be given to anyone that includes blood or non-blood relatives
- The stamp duty for blood relatives is Rs. 200. The stamp for non-blood relatives is 5% of consideration or guidance value (whichever is higher)
My suggestion:
- If you buy a property, give POA to anyone of your trusted source.
- If you sell a property, prefer to give POA to blood relative to bring down stamp duty
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