- https://www.nobroker.in/blog/power-of-attorney-explained/
- https://www.whytecroftford.com/can-i-use-a-uk-power-of-attorney-in-india
- https://www.indiafilings.com/learn/power-attorney-format
- https://www.dineshaarjav.com/blog-detail/power-of-attorney-for-nris
For Non-Resident Indians [NRIs] living in the United Kingdom, managing real estate in India can be a significant challenge. A Power of Attorney [POA] is a crucial legal instrument that allows you to appoint a trusted person in India to handle your property matters on your behalf. Understanding how to get a power of attorney for Indian property from UK is the first step in ensuring your assets are managed efficiently, whether you intend to sell, rent, or maintain them, bridging the geographical distance with legal authority.
POA for Indian Property from UK - Quick Information
Here is a quick overview of the essential details involved in creating a legally valid POA for India from UK for your property matters.
| Attribute | Details |
|---|---|
| POA Use | To manage Indian real estate, including sales, purchases, rent, and legal disputes. |
| From Country | United Kingdom [UK] |
| Format Required | The POA must be drafted as per Indian law, not UK law, to be valid in India. |
| Notarization | Mandatory. The document must be signed before a Notary Public in the UK. |
| Apostille Required? | Yes. The POA must be apostilled by the UK's Foreign, Commonwealth & Development Office [FCDO]. |
| Adjudication in India | Mandatory. The apostilled POA must be stamped and registered at a Sub-Registrar's office in India. |
| Estimated Total Cost | Varies, includes lawyer's fees, notary charges, apostille fees, stamp duty, and registration charges. |
| Validity | As specified in the document, or until it is revoked by the principal, or upon the death of the principal. |
Types of Power of Attorney for Indian Property
When creating a POA, it is important to choose the type that best suits your needs. The scope of power you grant can be broad or very specific. –[1]
- General Power of Attorney [GPA]: A GPA gives your agent broad powers to manage your property, including selling, leasing, and legal matters. It should only be given to a trustworthy person.
- Special Power of Attorney [SPA]: An SPA, or Limited Power of Attorney, authorises explicitly an attorney to perform a single task, like signing sale documents or representing you in a specific legal case. It becomes invalid once that task is completed, making it the most recommended for property sales.
Legal Validity of POA Made from the UK
A Power of Attorney drafted and executed solely under UK law will not be legally valid for property transactions in India. For the document to be enforceable, it must be prepared and processed under Indian legal requirements, a process that often requires professional legal guidance.
Documents Required for POA for Indian Property from The UK
The following are the essential documents required for a power of attorney for Indian property from the UK: [4]
- For the Principal [the person giving the POA]:
- The Power of Attorney Document: The final, undated, and unsigned POA draft.
- Valid Passport: Original and self-attested copies of the first and last pages.
- Proof of UK Residence: A recent utility bill, council tax bill, or UK driving licence.
- Visa Status: A self-attested copy of your valid UK visa or Biometric Residence Permit [BRP].
- Passport-sized Photographs: Usually, two recent photographs are required.
- For the Attorney/Agent [the person receiving the POA]:
- Valid Proof of Identity: A self-attested copy of their Aadhaar card or passport.
- Passport-sized Photograph: One recent photograph.
- Address Proof: A copy of a recent utility bill or Aadhaar card.
- For the Two Witnesses:
- Valid Passports: Original and self-attested copies of their passports.
- Proof of UK Residence: Witnesses must also provide proof of their UK address.
Step-by-Step Process to Get Power of Attorney for Indian Property from the UK
Following this sequence carefully is crucial for the document's validity.[2]
Part 1: In the United Kingdom
- Step 1: Hire a qualified Indian lawyer to draft the POA as per Indian laws. The draft should clearly mention the powers. (Related: POA for NRI property). This is a crucial aspect of the legal due diligence process for NRIs investing in Indian real estate.
- Step 2: Print the draft on plain A4 paper. Do not sign yet.
- Step 3: Arrange two UK-based witnesses (not family or beneficiaries).
- Step 4: Sign the POA with witnesses before a UK Notary Public. The Notary will verify and seal it.
- Step 5: Apostille the notarised POA through the UK’s FCDO for use in India.
Part 2: Sending to and Processing in India
- Step 6: Send the original notarised + apostilled POA to your attorney in India.
- Step 7: The attorney must submit it to the District Collector/Sub-Registrar for adjudication and stamp duty within 3 months.
- Step 8: If the POA includes sale rights, it must be registered at the Sub-Registrar’s office where the property is located.
Format for Power of Attorney from the UK to India
While it is always recommended to have the document drafted by a legal expert, any power of attorney format for India from the UK should contain the following essential components to be considered valid:[3]
- Title of the Document: Clearly state "Special Power of Attorney" or "General Power of Attorney" at the top.
- Details of the Principal [Executant]: Your full name, father's name, date of birth, UK address, and passport details.
- Details of the Attorney [Agent]: Their full name, father's name, date of birth, Indian address, and relationship to you.
- Declaration of Sound Mind: A statement declaring that you are of sound mind and are executing the POA without any coercion.
- The "Operative" Clause: A clear statement granting the power to the attorney.
- List of Powers Granted: This is the most critical section. The powers should be listed in detail. For a property sale, this would include the power to negotiate, sign agreements, present documents for registration, and receive payment.
- Revocation Clause: A clause stating your right to revoke the POA at any time.
- Details of the Witnesses: Full names, UK addresses, and passport details of the two witnesses.
- Signature Section: Spaces for the signatures of the Principal, the two Witnesses, and acceptance by the Attorney [to be signed in India].
Power of Attorney Charges from the UK
- A basic Special Power of Attorney [SPA] is relatively inexpensive, typically costing between ₹600 and ₹2,000. This price usually covers the necessary stamp paper and notary fees in India.
- A General Power of Attorney [GPA], especially one involving property, is more expensive, with costs ranging from ₹5,000 to ₹15,000 or more. This higher fee accounts for the lawyer's drafting charges, higher stamp duty, and mandatory registration fees required for property-related POAs.
It's crucial to remember that a POA executed in the UK is not directly valid for property transactions in India. A new document must be drafted under Indian law, and the costs reflect this multi-step process of drafting, notarization, and registration.[2]
Key Considerations Before Creating a Power of Attorney
Before you start the process of how to make a POA for India in the UK, it is vital to think through some key aspects to protect your interests.
- Choose Your Attorney Wisely: Appoint someone you have absolute trust in, as they will have significant control over your assets.
- Prefer a Special Power of Attorney [SPA]: For specific tasks like selling a single property, an SPA is much safer than a GPA as its powers are limited and expire after the task is complete.
- Be Extremely Specific: Clearly define the powers you are granting. Ambiguous language can lead to misuse or legal complications.
- Include a Revocation Clause: Always include a clause that allows you to cancel or revoke the POA at any time, should the need arise.
How NoBroker Can Help with NRI Legal Services?
Managing legal formalities from another country can be complex and time-consuming. NoBroker's specialised NRI legal services simplify the entire process of creating a power of attorney for Indian property from UK. Our team of expert lawyers handles the drafting, ensures compliance with all Indian laws, and guides you through the attestation and registration requirements, providing a seamless and se
Frequently Asked Questions
Can I sell property in India from the UK using a POA?
Yes, you can. You must execute a registered Special Power of Attorney [SPA] that authorises your agent explicitly to sell a particular property on your behalf.
Is a UK-issued POA valid in India without adjudication?
No. A POA from the UK is not legally valid for property transactions in India until it is properly stamped and registered at the relevant Sub-Registrar's office in India.
How long is a Power of Attorney valid?
A Special POA is valid until the specified task is completed. A General POA remains valid until it is revoked by the principal or upon the death of the principal.
Who can be a POA holder in India?
Any legally competent adult who is an Indian resident can be your POA holder. This is typically a trusted family member, a close friend, or a legal professional.
What if I don’t apostille the POA?
If the POA is not apostilled by the UK's FCDO, the Indian authorities at the Sub-Registrar's office will not accept it for stamping and registration, rendering it legally invalid.