Hi, Me and my wife both are USA citizens. She cant travel to India for registration of my flat. My wife wants to give me POA for registering a flat in Gurgaon. I have few questions: 1. The POA ( notarized in USA + attested by Indian consulate) need to have my wife photo only or it requires the photos of both of us. The CGI( consulate General of India ) only requries the photo of my wife( the executant) and not my( POA holder) photo on POA . Please suggest. 2. Once the POA is received from CGI after proper signing, does the original or photocopy needs to be vetted/endrossed in SDM in gurgaon. Engrossment is required for resident Indians of POA holder or NRI POA holder. Please help in understanding 3. What are the cost involved in endrossing/vetting the POA at SDM in Gurgaon.
1. The photo of the power agent alone would be sufficient in the power of attorney deed.
2. After the POA deed is attested and sent to the power agent, he shall carry it to the sub registrar within the jurisdiction in India and get it adjudicated which will enable him to carry on the tasks on your behalf as your power agent.
3. It is not engrossment, it is an adjudication done by the sub registrar concerned and not by SDM.
It is advisable that there should be photos of principal and agent
2) once POA is attested before Indian consulate it is not required to be endorsed by SDM
3) local lawyer can guide you as to costs of endorsement
So in case of both parties areNRI's, it is not required to register in India anymore once it was attested by CGI, USA Registration in India is required only when one party is India and other is out of India. It can be produced at the sub-register in original as it to proceed with registration of Flat. Please confirm
Also, what is the process adjudication by the sub-register.
Registration in India is not necessary .POA can be produced in India to proceed with registration of flat
your understanding is correct
Adjudication is a process of registering PoA document in the registrar's office, to be accepted as a registered PoA.
You must prepare a covering letter and gather the necessary documents—including the original and a copy of the general POA, an affidavit for adjudication, and passport copies of the principal. These documents are then presented to the local Joint Registrar
So final queries: 1. Registering of POA is required with sub-register. I mean Adjudication is required for POA in case both the parties are USA citizens with OCI status. 2. What is the time frame for Adjudication of POA . This is required for me to plan the vacation accordingly.
The timeline for adjudication can vary, but on average, it takes around 45 days to complete the process
1. Do what is told to do in USA. In India it is of no issue.
2. Every POA executed and notarised abroad requires 'stamping' or 'adjudication' in India .
3. Check with the local person.
No, your understanding is wrong.
No doubt you are not required to register the POA executed and attested by Indian consulate in a foreign country but the concerned registrar need to adjudicate the power of attorney deed without which the power holder cannot act on behalf of the principal.
The power agent should carry the power of attorney deed to the concerned sub registrar along with other documents in original which will include the title document and his identity proof, he may be required to submit an application or not depends on the sub registrar.
Fix an appointment with the sub registrar and carry out the task of adjudication as per procedures of law.
Any POA executed in a foreign country need to be adjudicated in India.
There's no time frame for it.
Once you visit the office of the sub registrar you will come to know that you will be able to complete it the same day or any other day
The photos of both of you are good. Upon receiving the attested POA deed, your power agent shall take it to the sub registrar within the Indian jurisdiction and have it adjudicated in order to perform his duties on your behalf. There is a fixed fee for DR to validate POA, it varies by state. The POA must be produced with his identity papers. Like Aadhar, DL voter id, etc.
Dear Client,
For the POA to register your flat in Gurgaon, your wife has to furnish only her photo as per the demands of the Consulate General of India (CGI). This will POA has to be notarized from the CGI and it doesn’t require to produce before the Sub-Divisional Magistrate (SDM) since you are an NRI. The costs of endorsements if needed at the SDM may also differ, thus the advice to consult the local office on the costs. The Sub-Registrar is required to register the POA as both parties are USA citizens with Overseas Citizen of India (OCI). The hearing period normally ranges from 15-30 days and thus, if you are required to travel you should do so with a view to be ready and available for a period of 15-30 days.
Hope you find this answer helpful in resolving your problem.
1. The executant photo is necessary
- However, it is suggested to affix the photograph of both the parties, so that no trouble faced by you in India
2. The original of the POA is required at the time of registration of the property document
3. Endorsement /registration of the POA from the registrar is not mandatory , if the said POA is property notarized as per rule of US and attested from the consulate of India.
