You need to have 2 sets of POA originals Apostled in the country where the NRI resides. After Apostle is done you need to take both sets and go the local Indian Consulate in the country where the NRI resides and have it attested. After attestation Indian Consulate will keep one original and will give you the other original back. So you always get only one set back which is Apostled and Attested. If you want multiple sets then you have to start with maybe 3 originals or more depending on how many you need.
@@shovitsingh5938 Basically it is authentication of the document and in this case the GPA needs to be authenticated. If you are in USA then this link will explain. This is applicable to most countries also. www.usa.gov/authenticate-us-document
@@shovitsingh5938 Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a federal agency or certified by foreign consul. An apostille certifies the document(s), so the document can be recognized in foreign countries
Hi what are the tax implications on Power of Attorney? A family friend recently sold a property as power of attorney on behalf of his cousin who lives abroad. However now, in the AIS of Income Tax the sell value is being reflected in my friend’s AIS. It is to be noted that none of the monetary transactions took place in any manner through my friend’s account i.e. he neither paid nor received a single rupee.
In this case, there is a possibility that the POA holder had attached his PAN Card details during the sale process and this is the reason it is reflected in his AIS of Income Tax. The POA holder can give an explanation regarding the same to the department.
wanted to know. if property is under two names, means husband and wife. so can father in law can be a POA? would there be two POA both in term of husband and wife or one POA will work
Yes, a father-in-law can be appointed as a Power of Attorney (PoA). Both husband and wife being the joint owners can give one POA jointly, if they both can get it executed (signed and witnessed) at the same place.
Mam, if a POA is executed in Canada for the property situated in Nawanshahr, Can you please tell me how to get it registered in India and what is the time period for getting it registered?
Once the POA is received in India, it is to be registered/embossed within 3 months to make it a valid document. It is to be registered in the office of concerned Sub - Registrar.
Hello Ma'am! I am looking forward to buy a property. The original owner of the property has registered a gift deed and passed it on to his grandson who is an NRI. They now want to sell the property but the grandson or the original owner won't be able to come for the registration. They have designated their company employee with a POA to make all transactions and deed on their behalf. My concern is. Is it legal to buy this property since the original gift deed holder is unavailable and only the POA holder will be appearing on their behalf ?
Transferring the ownership through a gift deed, the donor relinquishes the control over the property and the donee gains full ownership rights, including the ability to sell the property. In your case the POA holder (provided the POA includes the power to sell) can act on behalf of the gift deed holder (owner) to sell the property to any third party. For more information, please email us at query@nrilegalservices.com
What is the exactly procedure? agent(from India) send documents to Principal and he register it with Indian embassy (in USA) and send back to agent and agent go for it's registration by authorities? or it simply can Principal ( from USA) can send his Power of attorney after authorised in Indian embassy to India and agent(in India) take that document and authorise in front of authority that's it?? how it works?? Is it work in both way? or it's not? what is the right procedure?
Each state has its own laws and procedures. Based on the area of the property, it might work both ways. In general, it is suggested that the agent should share the final draft of documents in the form of soft copies with the Principal and the Principal further takes the print outs to the apostille office. Once the document gets apostilled, the original documents have to be sent to the agent in India and then the agent gets the documents registered in India with relevant authorities.
@@NRILegalServices thanks for your reply.. For to buy property in India Is it compulsion to go at Indian embassy in USA as stated by many youtuber (as they said otherwise it restricted with limited power) or it can be done at any authorised notary in USA( it also stated by many youtuber)?
Hai, please solve my doubt sir/madam, principal is NRI he gave power to his attorney for purchase, sale, agreements etcc, but he not mentioned schedule of the properties, while attorney was saled one property without knowledge of principal and the attorney was registered the power deed in sro but not attested by civil secretariat, If this sale valid or not, may we can challenge the sale, which provision has suitable???
To answer your question correctly, it is important to first scrutinize the POA executed i.e., to understand if the same was a General Power of Attorney or Special Power of Attorney. Secondly, if the power of attorney is executed outside India, then, as per the prevalent law in India, it is required to be duly registered/embossed in India within maximum of three months after the same has been received in India. It is only thereafter the said embossed POA can be used for transfer/sale etc. of the property in question. Lastly, to answer if the sale is valid or not, various nuances of the POA needs to be scrutinized. For more information please email to us on query@nrilegalservices.com
Great video - want to check on POA required to buy property. I am a Singapore resident and want to buy property in India. Does the POA require to be registered in India after an Singapore Notary and Apostle being done. Is it a must?
Yes, it is mandatory to register the POA in India after the same gets notarized and apostilled in Singapore. After registration, the POA becomes an admissible document as per Indian Law. For more information, please email us at query@nrilegalservices.com
Hello madam/ sir Very succinctly put video Can an SPA be given to a spouse or sibling to execute a sale of a property ( a commercial residential plot) that was inherited from my deceased parents? Are my adult children also required to be present or give SPA for the sale of the property given to me and my siblings? Thank you for your time.
Whosoever is the owner, can give General Power of Attorney or Special Power of Attorney to any person in India to sell the property based on the requirements. If there is more than one owner, in that case, all the owners have to give the Power of Attorney in favor of any trustworthy person in India who is able to handle the sale process in the owners’ absence. In general, once the owner has given the attorney, there is no requirement of the personal presence of the owner in India. The requirement of presence of the owners may differ from state to state.
The validity of a Power of Attorney (POA) can vary based on several factors, including the type of POA and the purpose for which it was created. Generally, there are two types of POA: General Power of Attorney: Typically valid until revoked by the principal, or upon the principal's death. Limited or Special Power of Attorney: Valid only for a specific transaction or period as defined within the document. For more information, please email us at query@nrilegalservices.com
Hi Madam, how ru? I need one suggestion from you. Please reply me as soon as you see my message- I want to sell my property in Mumbai and I am staying in gulf country.If I give POA to my dad to sell my property then Will TDS applicable for me? If yes then how much % tds will be deducted? And on what amount tds will be calculated Like on profit of sold value or on total of sold value?Pls reply me Mam 🙏🙏
You can give POA to your father to sell your property in Mumbai. If you are a citizen of India, then 1% TDS will be deducted. The TDS is calculated on the total value of the sale consideration amount. For more information, please email us at query@nrilegalservices.com
Me and my husband both are NRIs and US citizens. I came to India on some other purpose. I want to sell our property. If my husband sends GPA by public notary without going to Indian consolate, will that be valid ?
To sell a property in India, you need to have proper documentation in hand. A Power of Attorney which is not apostilled in the Country where it was made, is not admissible in India.
Hello Mam! How do we give a Special POA for only buying purposes, I do not want the Agent to be able to sell the property? I reside in the USA. Also is there a way the Special POA can be executed while I am in India for a short duration?
The specific terms for which you authorize an agent as POA holder can be mentioned in the POA. Certainly, POA can be executed when you are in India for a short duration. It should be duly registered.
In such a situation, you may give a General Power of Attorney to a trusted person so that all the acts and deeds are carried on by him in India on your behalf.
Yes, the POA holder will be able to give evidence on your behalf in the court of law stating all the known facts and relevant circumstances supporting the claim.
Hello mam. I have given POA to my cousin in Faridabad. The POA was a special power of attorney only to take care of my property. My cousin started residing in the property. Is there any way by which the POA can be revoked and I can get the vacant possession of the property?
Please note that the POA can be revoked as per the wishes of the person who gives the POA i.e., the principal. Since you have given the POA to your cousin, you have the authority to revoke the same at any moment. The intimation of the revocation must be shared with the agent so that no room is left for any discrepancy. Further, if your cousin does not vacate the property, then an appropriate suit can be filed to get back the vacant possession of the property.
The POA is to be executed firstly, at the place where the principal resides. Once it is executed and apostilled in that foreign country, then it is to be received in the respective Indian State where the property is situated. After that, it needs to be registered/embossed within 3 months so that it becomes a valid document.
In general if POA is valid, there is no reason for objection because a mother can give POA to her son. Please share the objection raised to answer your query.
Thank you for the Video, no doubt it is full of knowledge, i want to sell flat in India, wanted to make POA in either gift to our parents and they can sell later whenever they want, or give full rights to sell (POA), please explain the process of Form 13 for advance TDS deduction, is it really needed TAN from buyer who is govt. employee, because i understand that TAN is issued to the Business entity, and i want earnest money to be deposited by selling the flat in our NRO account. please explain the process of filling Form 15 CA /CB would be helpful to understand more.
Yes, the Power of Attorney can be given to a person who is not related to the principal by blood. The only thing which is to be taken into consideration is that the person must be a trustworthy and reliable person.
Hi mam hun nz mai rehte hai aur india ki property sale krni hai hum india nhi jaa skte hamare frd k name pr power of attorney deni hai toh kya steps hai mean woh send kaise krni hai ?process kya hai ??
I lived in Singapore till 2021 October. I have bought properties (land and apartment) and sold an apartment too. In case you are selling, you need to give a POA (your lawyer might insist on the POA to your relative/sibling but it’s not mandatory). The lawyer would send you a POA draft, read, go to anyone who notarizes, send the document to India, done. In case of buying, my builder (Godrej) arranged for a person who registered the property on our behalf at a reasonable charge of Rs. 25,000/-. The builder’s relationship manager sent me the document which I signed, they did the rest. Just make sure that the document doesn’t get folded during the courier. It has been a pain in the past for me.
Hello mam, can POA for selling property in Pune be given to blood relatives only? I.e. Real brother, sister or parent? Or can it be given to any trusted person? Thanks.
The Power of Attorney can be given to any trusted person for the purpose of selling the property in Pune. It is not mandatory that it should be given to a blood relative only. There is no specific criteria to prove the close relative relationship. In case of parents, it may be proved through Birth Certificate or School Certificate or any other document where their name is mentioned.
Yeah but the problem is then it attract further tax to be born by seller which is not applicable in case of close relative. That's where I was looking for help that how to prove close relative? Thanks.
Sorry to say, but your language is extremely technical and very mechanical...Cannot connect with what you are saying and looks very unnatural way of knwoledge transfer. Use a simpler language for general public understanding. Thanks!
The sale of property by NRIs in India involves tax obligations to ensure compliance with the prevailing tax laws. When an NRI sells a property situated in India, the tax liability is determined based on various factors e.g. sale value, duration of ownership etc. In your case, if you are planning to sell a property in India, there will be TDS (Tax deducted at source) applicable on such a sale. For more information, please email us at query@nrilegalservices.com
Hi NRI Legal Service team, I am planning to make one GPA as a principal giving authority to my brother (as an attorney) to sell/rent my property in Noida? As I can understand Noida authority has stopped issuing GPA right now, so here are my two queries; 1. Could I get my GPA done in Delhi & will that can be utilized for property sale in Noida. Secondly, if you have any assistance to support this service. 2. Does any property sale transaction through GPA attract any additional TA(~transfer & addendum) fee in Noida. I am traveling to India next week & want to align these things for future actions.
1. Yes, you can execute GPA in delhi but only if you have residence proof of delhi or you own a property in delhi. If you have these documents, we can provide service for its execution. 2. The minimal mandatory charges are applicable but no additional fee as such. For more information, please email to us at query@nrilegalservices.com
Hi Ma'am, I am a NRI living in New Zealand and want to sell my property in Ghaziabad. What is the best way to do it without physical presence in India. If you can share your WhatsApp number we can discuss it in detail.
For the purpose of selling your property in India, you can authorize a local person in India to do the needful by executing a Power of Attorney in his favour. We provide services to our clients who are interested in selling their properties in India without their travelling to India. You can write to us at query@nrilegalservices.com
You need to have 2 sets of POA originals Apostled in the country where the NRI resides. After Apostle is done you need to take both sets and go the local Indian Consulate in the country where the NRI resides and have it attested. After attestation Indian Consulate will keep one original and will give you the other original back. So you always get only one set back which is Apostled and Attested. If you want multiple sets then you have to start with maybe 3 originals or more depending on how many you need.
@kr7584 what does apostle mean ?
@@shovitsingh5938 Basically it is authentication of the document and in this case the GPA needs to be authenticated. If you are in USA then this link will explain. This is applicable to most countries also.
www.usa.gov/authenticate-us-document
@@shovitsingh5938 Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a federal agency or certified by foreign consul. An apostille certifies the document(s), so the document can be recognized in foreign countries
Hi what are the tax implications on Power of Attorney? A family friend recently sold a property as power of attorney on behalf of his cousin who lives abroad. However now, in the AIS of Income Tax the sell value is being reflected in my friend’s AIS. It is to be noted that none of the monetary transactions took place in any manner through my friend’s account i.e. he neither paid nor received a single rupee.
In this case, there is a possibility that the POA holder had attached his PAN Card details during the sale process and this is the reason it is reflected in his AIS of Income Tax. The POA holder can give an explanation regarding the same to the department.
wanted to know. if property is under two names, means husband and wife. so can father in law can be a POA? would there be two POA both in term of husband and wife or one POA will work
Yes, a father-in-law can be appointed as a Power of Attorney (PoA). Both husband and wife being the joint owners can give one POA jointly, if they both can get it executed (signed and witnessed) at the same place.
Mam, if a POA is executed in Canada for the property situated in Nawanshahr, Can you please tell me how to get it registered in India and what is the time period for getting it registered?
u make poa in canada n registered in nawansehar dc office.poa valid six month.
Once the POA is received in India, it is to be registered/embossed within 3 months to make it a valid document. It is to be registered in the office of concerned Sub - Registrar.
Hello mam, can you also provide details for - Does Power of Attorney allow NRIs to sell property in USA in his/her absense in usa ?
We do not deal in US laws. For more information, please email to us at query@nrilegalservices.com
Hello Ma'am!
I am looking forward to buy a property. The original owner of the property has registered a gift deed and passed it on to his grandson who is an NRI.
They now want to sell the property but the grandson or the original owner won't be able to come for the registration. They have designated their company employee with a POA to make all transactions and deed on their behalf.
My concern is. Is it legal to buy this property since the original gift deed holder is unavailable and only the POA holder will be appearing on their behalf ?
Transferring the ownership through a gift deed, the donor relinquishes the control over the property and the donee gains full ownership rights, including the ability to sell the property. In your case the POA holder (provided the POA includes the power to sell) can act on behalf of the gift deed holder (owner) to sell the property to any third party. For more information, please email us at query@nrilegalservices.com
how i can make a GPA in Australia as I want to sell out my property back in india and want to transfer the deed in my spouse name
Hi, please email us at query@nrilegalservices.com
What is the exactly procedure? agent(from India) send documents to Principal and he register it with Indian embassy (in USA) and send back to agent and agent go for it's registration by authorities? or it simply can Principal ( from USA) can send his Power of attorney after authorised in Indian embassy to India and agent(in India) take that document and authorise in front of authority that's it?? how it works?? Is it work in both way? or it's not? what is the right procedure?
Each state has its own laws and procedures. Based on the area of the property, it might work both ways. In general, it is suggested that the agent should share the final draft of documents in the form of soft copies with the Principal and the Principal further takes the print outs to the apostille office. Once the document gets apostilled, the original documents have to be sent to the agent in India and then the agent gets the documents registered in India with relevant authorities.
@@NRILegalServices thanks for your reply..
For to buy property in India Is it compulsion to go at Indian embassy in USA as stated by many youtuber (as they said otherwise it restricted with limited power) or it can be done at any authorised notary in USA( it also stated by many youtuber)?
Hai, please solve my doubt sir/madam, principal is NRI he gave power to his attorney for purchase, sale, agreements etcc, but he not mentioned schedule of the properties, while attorney was saled one property without knowledge of principal and the attorney was registered the power deed in sro but not attested by civil secretariat, If this sale valid or not, may we can challenge the sale, which provision has suitable???
To answer your question correctly, it is important to first scrutinize the POA executed i.e., to understand if the same was a General Power of Attorney or Special Power of Attorney. Secondly, if the power of attorney is executed outside India, then, as per the prevalent law in India, it is required to be duly registered/embossed in India within maximum of three months after the same has been received in India. It is only thereafter the said embossed POA can be used for transfer/sale etc. of the property in question.
Lastly, to answer if the sale is valid or not, various nuances of the POA needs to be scrutinized.
For more information please email to us on query@nrilegalservices.com
Great video - want to check on POA required to buy property. I am a Singapore resident and want to buy property in India. Does the POA require to be registered in India after an Singapore Notary and Apostle being done. Is it a must?
Yes, it is mandatory to register the POA in India after the same gets notarized and apostilled in Singapore. After registration, the POA becomes an admissible document as per Indian Law. For more information, please email us at query@nrilegalservices.com
Hello madam/ sir
Very succinctly put video
Can an SPA be given to a spouse or sibling to execute a sale of a property ( a commercial residential plot) that was inherited from my deceased parents?
Are my adult children also required to be present or give SPA for the sale of the property given to me and my siblings?
Thank you for your time.
Whosoever is the owner, can give General Power of Attorney or Special Power of Attorney to any person in India to sell the property based on the requirements. If there is more than one owner, in that case, all the owners have to give the Power of Attorney in favor of any trustworthy person in India who is able to handle the sale process in the owners’ absence. In general, once the owner has given the attorney, there is no requirement of the personal presence of the owner in India. The requirement of presence of the owners may differ from state to state.
Hello , May I know how long the POA valid ?
The validity of a Power of Attorney (POA) can vary based on several factors, including the type of POA and the purpose for which it was created. Generally, there are two types of POA:
General Power of Attorney: Typically valid until revoked by the principal, or upon the principal's death.
Limited or Special Power of Attorney: Valid only for a specific transaction or period as defined within the document.
For more information, please email us at query@nrilegalservices.com
Hi Madam, how ru? I need one suggestion from you. Please reply me as soon as you see my message- I want to sell my property in Mumbai and I am staying in gulf country.If I give POA to my dad to sell my property then Will TDS applicable for me? If yes then how much % tds will be deducted? And on what amount tds will be calculated Like on profit of sold value or on total of sold value?Pls reply me Mam 🙏🙏
You can give POA to your father to sell your property in Mumbai. If you are a citizen of India, then 1% TDS will be deducted. The TDS is calculated on the total value of the sale consideration amount. For more information, please email us at query@nrilegalservices.com
Me and my husband both are NRIs and US citizens. I came to India on some other purpose. I want to sell our property. If my husband sends GPA by public notary without going to Indian consolate, will that be valid ?
To sell a property in India, you need to have proper documentation in hand. A Power of Attorney which is not apostilled in the Country where it was made, is not admissible in India.
Hello. Can General POA be used to fill property nominee form on behalf of the owner?
In case specific power has been given in the POA to complete the aforesaid task, only then it can be used.
Hello Mam! How do we give a Special POA for only buying purposes, I do not want the Agent to be able to sell the property? I reside in the USA. Also is there a way the Special POA can be executed while I am in India for a short duration?
The specific terms for which you authorize an agent as POA holder can be mentioned in the POA. Certainly, POA can be executed when you are in India for a short duration. It should be duly registered.
Hi, I am a citizen of UK. I have a property in a village near Jalandar. How can I dispose of my property without coming to India?
In such a situation, you may give a General Power of Attorney to a trusted person so that all the acts and deeds are carried on by him in India on your behalf.
@@NRILegalServices Hi Mam, can GPA holder gets cheque in his name?
Mam, one question. Even if I authorize somebody through POA to represent me in India, will that person be allowed to give evidence on my behalf?
Yes, the POA holder will be able to give evidence on your behalf in the court of law stating all the known facts and relevant circumstances supporting the claim.
Hello mam. I have given POA to my cousin in Faridabad. The POA was a special power of attorney only to take care of my property. My cousin started residing in the property. Is there any way by which the POA can be revoked and I can get the vacant possession of the property?
Please note that the POA can be revoked as per the wishes of the person who gives the POA i.e., the principal. Since you have given the POA to your cousin, you have the authority to revoke the same at any moment. The intimation of the revocation must be shared with the agent so that no room is left for any discrepancy.
Further, if your cousin does not vacate the property, then an appropriate suit can be filed to get back the vacant possession of the property.
What is the procedure to execute the POA by NRI?
The POA is to be executed firstly, at the place where the principal resides. Once it is executed and apostilled in that foreign country, then it is to be received in the respective Indian State where the property is situated. After that, it needs to be registered/embossed within 3 months so that it becomes a valid document.
Will a POA become redundant automatically on the death of the Principal?
Yes, POA will become redundant on the death of the principal automatically.
In my matter POA gives by Mother to SON for sell a property in India. Both are NRI’s. Registrar raise a objection
In general if POA is valid, there is no reason for objection because a mother can give POA to her son. Please share the objection raised to answer your query.
Thank you for the Video, no doubt it is full of knowledge, i want to sell flat in India, wanted to make POA in either gift to our parents and they can sell later whenever they want, or give full rights to sell (POA), please explain the process of Form 13 for advance TDS deduction, is it really needed TAN from buyer who is govt. employee, because i understand that TAN is issued to the Business entity, and i want earnest money to be deposited by selling the flat in our NRO account. please explain the process of filling Form 15 CA /CB would be helpful to understand more.
Can a POA be a non blood relative?
Yes, the Power of Attorney can be given to a person who is not related to the principal by blood. The only thing which is to be taken into consideration is that the person must be a trustworthy and reliable person.
Hi mam hun nz mai rehte hai aur india ki property sale krni hai hum india nhi jaa skte hamare frd k name pr power of attorney deni hai toh kya steps hai mean woh send kaise krni hai ?process kya hai ??
Hi, please email us at query@nrilegalservices.com
Can I purchase the property from a resident in India? I am residing in Singapore. Will I be liable to pay the taxes?
I lived in Singapore till 2021 October. I have bought properties (land and apartment) and sold an apartment too. In case you are selling, you need to give a POA (your lawyer might insist on the POA to your relative/sibling but it’s not mandatory). The lawyer would send you a POA draft, read, go to anyone who notarizes, send the document to India, done. In case of buying, my builder (Godrej) arranged for a person who registered the property on our behalf at a reasonable charge of Rs. 25,000/-. The builder’s relationship manager sent me the document which I signed, they did the rest. Just make sure that the document doesn’t get folded during the courier. It has been a pain in the past for me.
Hello mam, can POA for selling property in Pune be given to blood relatives only? I.e. Real brother, sister or parent?
Or can it be given to any trusted person?
Thanks.
Please help. Also how to prove the close relative relationship? Thanks.
The Power of Attorney can be given to any trusted person for the purpose of selling the property in Pune. It is not mandatory that it should be given to a blood relative only. There is no specific criteria to prove the close relative relationship. In case of parents, it may be proved through Birth Certificate or School Certificate or any other document where their name is mentioned.
Yeah but the problem is then it attract further tax to be born by seller which is not applicable in case of close relative.
That's where I was looking for help that how to prove close relative? Thanks.
Sorry to say, but your language is extremely technical and very mechanical...Cannot connect with what you are saying and looks very unnatural way of knwoledge transfer. Use a simpler language for general public understanding. Thanks!
Hi There,
I am planning to sell my empty site in Bangalore, India, do I need to pay any taxes?
Currently am in abroad .
Thanks
The sale of property by NRIs in India involves tax obligations to ensure compliance with the prevailing tax laws. When an NRI sells a property situated in India, the tax liability is determined based on various factors e.g. sale value, duration of ownership etc.
In your case, if you are planning to sell a property in India, there will be TDS (Tax deducted at source) applicable on such a sale. For more information, please email us at query@nrilegalservices.com
👍👍
Hi NRI Legal Service team, I am planning to make one GPA as a principal giving authority to my brother (as an attorney) to sell/rent my property in Noida? As I can understand Noida authority has stopped issuing GPA right now, so here are my two queries;
1. Could I get my GPA done in Delhi & will that can be utilized for property sale in Noida. Secondly, if you have any assistance to support this service.
2. Does any property sale transaction through GPA attract any additional TA(~transfer & addendum) fee in Noida.
I am traveling to India next week & want to align these things for future actions.
1. Yes, you can execute GPA in delhi but only if you have residence proof of delhi or you own a property in delhi.
If you have these documents, we can provide service for its execution.
2. The minimal mandatory charges are applicable but no additional fee as such.
For more information, please email to us at query@nrilegalservices.com
Hi Ma'am, I am a NRI living in New Zealand and want to sell my property in Ghaziabad. What is the best way to do it without physical presence in India. If you can share your WhatsApp number we can discuss it in detail.
For the purpose of selling your property in India, you can authorize a local person in India to do the needful by executing a Power of Attorney in his favour. We provide services to our clients who are interested in selling their properties in India without their travelling to India. You can write to us at query@nrilegalservices.com