NRIs or Overseas Citizens should note that it is now compulsory to have the Power of Attorney registered, especially for property matters. In fact, it is well advised to get all POA documents sent to India or even if executed in India to be enrolled at the sub-registrar office. Courts in India usually give importance only to registered documents. In the case of a dispute unregistered documents may not get a favorable decision from courts.
How to Register Power of Attorney in India
Registration of Power of Attorney or the registration of any other legal document such as a rental agreement, leave & license document in India is prepared at the offices of the Sub-Registrar.
How to Register?
- Visit the sub-registrar office with the document to be registered. Power of Attorney when made in India is done on stamp paper whereas if prepared overseas no stamp paper is required. Those NRIs who are not available or present in India should get the POA proprietor to get the registration done.
- Original documents or Self-attestation of documents with copies showing proof of address and proof of identification.
- Two passport size images [Sub- Registrar will take your photo also at time of registration along with thumb print]
- Two witnesses who must have proper ID proof.
In case, Registration is NOT in India
- NRIs sending POA to India from a foreign country required to get the POA attested by an administrator of the Indian Consulate/Embassy in their area of the apartment as mentioned above.
- Send POA document to India for registration. The POA owner will need to present his identification and address proof along with the witness at the sub-registrar department.
How to Revoke the Power of Aattorney that is Registered in India
To cancel a registered POA, the registration process is somewhat repeated where rather than registration, a cancellation document is enrolled and the sub-registrar records the cancellation. This needs to be done at the same sub-registrar office where the Power of Attorney was originally registered.
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