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?


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

  1. POA for Buying
  2. 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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