General Power Of Attorney Format for NRI

by lawcredo
general power of attorney format for nri

An NRI needs to be present in India to perform legal duties sometimes. It can be for properties or any banking business issues. So, the person exploits another way that is a general power of attorney format for NRI to avoid frequent visits. 

Categories of Power of Attorney:

  • General Power of Attorney.
  • Special Power of Attorney.

What is the General Power of Attorney?

An NRI appoints a reliable agent to legally represent him in his absence for any matters concerning legal, banking, and judicial transactions. In this way, the agent called the Attorney is dealing with the legal document called the Power of Attorney. The Attorney, then, can handle the state of affairs like tax payments, opening financial accounts, and managing the finances of the person staying out of the country. The NRI, in this case, is called the Principal.

The agent’s responsibilities are not limited to any 1 or 2 rights. He can perform or take any business, financial, legal, or medical decisions except real estate ones.

General Power Of Attorney Format For NRI Pdf

What is the Special Power of Attorney?

Special Power of Attorney (SPoA) is also an alternative to the general power of attorney but it is specific. It is specifically taken into account for property issues.

It is stricter than the general one as it is irrevocable. Everything is stated meticulously and the Principal has to agree on whatever is performed after SPoA.

The procedure of giving a General Power of Attorney from the USA to India:

  • Drafting the general power of attorney format for NRI
  • Getting the format stamped and sealed from the Indian embassy.
  • Sending the attested documents to the Indian address through the registered post
  • The receiver would get it at the Sub-Register office after paying applicable charges.

The procedure of executing General Power of Attorney in India:

  • Drafting the power of attorney
  • Visiting the Sub-Registrar’s office. [Take two witnesses and legal representatives along with their ID proofs, address proofs, and photographs with you.]
  • After a week collect the registered POA.

How to draft the general power of attorney format for NRI?

It is a written authorization document. It states that the Principal confers authority to an agent to act on his behalf. The Principal should be out of the country or must have a solid reason for absence in this case. Thus, the trusted Attorney can take care of the property and finance. 

  1. The first option is to draft the power of attorney deed online. You can download a sample for free.
  2. The second option is to hire the experienced and professional lawyer in India.

Documents required while notarising the power of attorney:

  • The original passport
  • 2 passport size photos
  • Address proof
  • Identity proof
  • 2 copies of the power of attorney document
  • A life Certificate of the grantor

Details required in the general power of attorney format for NRI:

  • Name
  • Indian address
  • Overseas address
  • Occupation
  • Signature on each page
  • Purpose of the power of attorney

Almost the same details like name, address, and occupation are required by an NRI and the same by the representative. 

Who can be the Attorney?

You can give power of attorney to any blood relative or third-party trustworthy person.

Points to remember while drafting the general power of attorney format for NRI:

  1. There should be detailed insights into the rights that the Attorney can handle
  2. Mention the validity of the document
  3. The process doesn’t mean that the power of attorney holder can sell immovable property. In simple words, transferring ownership of the property is not possible through power of attorney.
  4. No validity would be considered after the executor’s death.
  5. Adding indemnity clause in the terms and conditions section 

Indemnity clause: Indemnity clause is a section in a contract which states the protection of a party from liability of harm that occurred to any third party. It means both parties have to compensate to save each other from individual losses. 

General precautions to remember while executing the POA:

  • Proofread the statements
  • Choosing the most trustworthy holder is important.
  • The representative should be mentally fit.
  • Misuse of the POA is strictly prohibited unless finding the doer in trouble.
  • The Power of Attorney can be cancelled by following and executing the “Revocation of Power of Attorney” format. If you want to know about how to cancel power of attorney in India then follow the link.