- https://www.indiafilings.com/learn/power-attorney-format/
- https://www.ezylegal.in/blogs/guide-on-how-to-get-power-of-attorney-for-nri-to-sell-property-in-india
- https://www.legalinz.com/poa-pricing-details/
Managing property in India from the UAE can be challenging, so many NRIs use a Power of Attorney (POA) to manage affairs. A POA from the UAE authorises a trusted representative to handle property transactions, rentals, or disputes. This saves time and travel costs and safeguards property interests with a properly executed POA.
POA for Indian Property from UAE - Quick Information
This table provides a quick summary of the key elements involved in creating a legally sound POA from the UAE for your Indian property.
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| Attribute | Details |
|---|---|
| POA Use | Manage, sell, rent, or handle property/legal matters in India |
| From Country | United Arab Emirates (UAE) |
| Format | Must follow Indian legal standards |
| Notarization | By a licensed Notary Public in UAE |
| Attestation | Required from Indian Embassy/Consulate in UAE |
| Adjudication in India | Mandatory stamping & registration at Sub-Registrar’s office |
| Cost | Drafting, notary (from AED 499), attestation, stamp duty & registration |
| Validity | As mentioned in POA, until revoked or principal’s death |
Types of Power of Attorney for Indian Property
When you decide on how to make a power of attorney in the UAE for India, you must first choose the type that aligns with your requirements.
- General Power of Attorney (GPA): This POA grants broad powers to the attorney, allowing them to manage all aspects of your property, including financial transactions and legal disputes. That is why a GPA should only be awarded to a person of unquestionable trust.
- Special Power of Attorney (SPA): An SPA (Limited Power of Attorney) is more restricted and safer for specific transactions. It authorises the attorney to perform only a specific act, such as executing a sale deed for a particular property. The SPA expires after that task, making it ideal for NRIs' property sales.
Legal Validity of POA Made from the UAE
For a POA to be legally enforceable in India, the document must undergo a specific legalisation process, which includes notarization in the UAE, attestation by the Indian mission, and finally, stamping and registration in India.
Documents Required for POA for Indian Property from The UAE
To ensure the process of power of attorney attestation at the Indian Embassy in the UAE goes smoothly, you need to prepare a complete set of documents beforehand. [1]
- For the Principal (Person Granting the POA):
- The Power of Attorney Document: The final draft, unsigned and undated.
- Valid Passport: Original passport along with self-attested copies of the first and last pages.
- Proof of UAE Residence: A valid Emirates ID or a recent utility bill.
- Visa Status: A copy of your valid UAE residence visa page.
- Passport-sized Photographs: Typically, two recent photographs are required.
- For the Attorney/Agent (Person Receiving the POA in India):
- Valid Proof of Identity: A self-attested copy of their Aadhaar card or passport.
- Passport-sized Photograph: One recent photograph.
- Address Proof: A self-attested copy of a recent utility bill or Aadhaar card.
- For the Two Witnesses:
- Valid Passports: Original passports and self-attested copies.
- Proof of UAE Residence: Witnesses must also provide proof of their current address in the UAE.
Step-by-Step Process to Get Power of Attorney for Indian Property from the UAE
The procedure for creating a legally valid power of attorney for India from the UAE is a multi-stage process involving actions in both countries. Following these steps carefully is essential. – [2]
Part 1: Actions in the UAE
- Step 1: The most critical step is to have the POA drafted by a qualified lawyer in India. The document must be tailored to Indian legal requirements and your specific needs. It should explicitly detail the powers being granted, especially for property sale, which requires a thorough process of legal due diligence for NRIs investing in Indian real estate.
- Step 2: Once you have approved the draft, print the final version on high-quality A4-size plain paper. Do not sign or date it at this point.
- Step 3: You need two witnesses who are residents of the UAE. They should be neutral parties and not beneficiaries of the POA.
- Step 4: You, along with your two witnesses, must sign the POA in the physical presence of a licensed Notary Public in the UAE. The Notary will verify your identities, witness the signatures, and then affix their official seal and signature to the document.
- Step 5: An official at the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai must attest the notarised POA. You will need to book an appointment through their designated service provider (like IVS Global). You and your witnesses must sign the document again before the Consular Officer.
Part 2: Actions in India
- Step 6: The original, notarised, and attested POA document must be securely couriered to your appointed attorney in India.
- Step 7: Within three months of the POA's arrival in India, your attorney must present it to the office of the District Collector or the Sub-Registrar of Assurances. Here, the document will be adjudicated, and the applicable stamp duty must be paid.
- Step 8: If the POA grants the power to sell immovable property, it is mandatory to register it at the Sub-Registrar's office where the property is located. This final step makes the POA legally binding for property transactions in India. This is especially important for NRIs, who need to understand the related financial regulations, such as the TDS on the sale of property by an NRI and the process of filing Form 15CA and 15CB for NRIs.
Format for Power of Attorney from the UAE to India
While a lawyer must draft the final document, a standard POA format should include the following sections to ensure it is comprehensive and legally sound: [1]
- Title: Clearly state "General Power of Attorney" or "Special Power of Attorney".
- Principal's Details: Your full name, father's name, age, UAE address, and passport details.
- Attorney's Details: The full name, father's name, age, Indian address, and relationship to you.
- Declaration Clause: A statement confirming that you are of sound mind and are executing the POA of your own free will.
- Grant of Powers: A detailed and numbered list of the specific powers being granted. This should be unambiguous to prevent misuse.
- Property Description: A full description of the property in question, including its address and identification numbers.
- Revocation Clause: A statement affirming your right to revoke the POA at any future date.
- Witness Details: The full names, UAE addresses, and passport details of the two witnesses.
- Signature Section: Spaces for the signatures of the Principal and the two Witnesses, all to be signed at the Indian Embassy/Consulate.
Power of Attorney Charges from the UAE
In the UAE, the cost for drafting and notarising a property POA typically starts from around AED 499. To this, you must add the official attestation fee charged by the Indian embassy's power of attorney service centres in the UAE. [3]
Key Considerations Before Creating a Power of Attorney
Before delegating such significant authority, it is crucial to consider a few key points to safeguard your interests and property.
- Carefully Select Your Attorney: This person will have legal control over your assets. Choose a family member or professional with a proven record of integrity and reliability.
- Consider Special Power of Attorney (SPA): For property sales, an SPA is far safer than a GPA because its authority is limited to a single transaction and a specific property.
- Define Authority: Avoid vague or overly broad terms. List each power explicitly to prevent any misinterpretation or misuse.
- Include an Expiry Date or Condition: For an SPA, the power naturally expires after the task is completed. For a GPA, consider adding a validity period for an extra layer of security.
- Retain the Right to Revoke: Ensure your POA includes a clause that allows you to cancel it at any time by executing a Deed of Revocation.
How NoBroker Can Help with NRI Legal Services?
Navigating the legal requirements for a power of attorney for India from the UAE can be a daunting task. NoBroker’s dedicated NRI property owner services provide end-to-end assistance. Our team of legal experts can handle the professional drafting of your POA, guide you through the complex attestation process, and coordinate with your agent in India for the final stamping and registration, ensuring a legally compliant and hassle-free experience.
