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Power Attorney

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A Power of Attorney (POA) is a legal document that grants authority to an individual or entity (known as the “agent” or “attorney-in-fact”) to act on behalf of another person (known as the “principal”) in legal or financial matters. The principal confers specific powers to the agent, which can range from managing financial transactions to making healthcare decisions. It’s important to understand that granting a Power of Attorney is a significant legal decision, as it involves giving someone else the authority to make decisions on your behalf.

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When an NRI (Non-Resident Indian) appoints someone in India to represent them for various legal and financial matters, including property transactions, they typically need to execute a Power of Attorney (POA) document. The documents required for creating a Power of Attorney for an NRI include:

  1. POA Document:
    • The Power of Attorney document itself, drafted as per the requirements of Indian law. It should clearly state the powers granted to the attorney-in-fact (the person appointed by the NRI) and the scope of authority granted by the NRI.
  2. Proof of Identity and Address of the NRI:
    • Copy of the NRI’s valid passport showing their name, date of birth, photograph, and overseas residential address.
  3. Proof of NRI Status:
    • Documentation proving the NRI status of the individual, such as a valid visa or work permit from the country of residence.
  4. Proof of Identity and Address of the Attorney-in-Fact:
    • Copy of the attorney-in-fact’s valid identification document, such as Aadhaar card, passport, or driver’s license, along with proof of address.
  5. Purpose of the Power of Attorney:
    • A clear statement of the purpose for which the Power of Attorney is being granted, specifying the tasks and transactions that the attorney-in-fact is authorized to perform on behalf of the NRI.
  6. Notarization or Apostille:
    • Depending on the requirements of the Indian jurisdiction where the Power of Attorney will be used, it may need to be notarized by a notary public or apostilled by the competent authority in the country of execution.
  7. Witnesses:
    • The Power of Attorney document may need to be witnessed by witnesses as per the requirements of Indian law. The witnesses should also provide their identification and address proof.
  8. Stamp Duty:
    • Payment of stamp duty as applicable, depending on the state laws where the Power of Attorney is executed. The stamp duty varies from state to state in India.
  9. Registration:
    • Optional but advisable in some cases, depending on the purpose and duration of the Power of Attorney. Registration of the Power of Attorney provides additional legal validity and evidentiary value.

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