power of attorney

[mail2suman]

My wife and I need to sign a power of attroney so I can get the property which is in our joint names registered during my trip to India. My wife cannot travel with me but she is the co-owner. The builder in India tells me I need to get a Power of Attorney signed in the Indian consulate in SF. I have written to them but they are not returning my queries.

Anyone knows how to get a Power of Attorney done in USA (SF in particular) which will be acceptable in India for property registration?

[txh1b]

Yes, SF consulate does attest Power of attorney documents. You need to submit the forms and I believe it was $20 in the past when I got it done.

You need the photo of the person granting the POA. Yes, the POA is acceptable in India for registration. Many Indian states have some other form that they need in addition to the POA. Check with your buider on the requirements of the state in India.

[mail2suman]

Thanks txh1b. The site says before I submit, I need to get my original document "Apostilled". And looking at the process for getting it "Apostilled", it seems its going to a long drawn process - contact the Government Office in India etc..Is this really true even if my wife needs to grant me the PoA and both of us can be present in the consulate when we submit for attestation? Thanks for your help txh1b

[txh1b]

I just had the usual notary signature and it worked.

[mail2suman]

I just had the usual notary signature and it worked.

Ok, that makes sense. Just so I am clear, what youa re suggesting is as follows:

1. Get the PoA printed on a plain paper
2. Get it notarized
3. Fill up the consulate form with photopgraphs etc. and show up in the SF office to get it attested by them

- Right? My builder lawyer is saying it needs to be on a stamp paper but the SF consulate website says it needs to be in plain. Any guidance on that?

[txh1b]

No stamp paper needed. I used plain paper. Your steps outline what I followed. They don't give you the papers right away. You have to drop off (along with your passport) and pick it up later in the evening. Essentially, an entire day wasted.

You can also get it done in the mail but I have not tried that.

ps: I think I had the POA also with a photo. I don't recollect but I think it had a photo too which the consulate put a stamp over and attested.

[mail2suman]

Thanks so much - I will try to get this wrapped up next week.

[upen2308]

Hi,

Were you able to complete the POA process. Kindly update this post with the exact steps you had to take.

My major question is that I have to make a POA so my brother-in-law can deal on my behalf in India. Would I need to get the original POA from India signed by him to send to the consulate?

[mail2suman]

Hi,

Were you able to complete the POA process. Kindly update this post with the exact steps you had to take.

Yes I did. Followed the advise in this thread word by word :-)


My major question is that I have to make a POA so my brother-in-law can deal on my behalf in India. Would I need to get the original POA from India signed by him to send to the consulate?

The person who is giving the power is the one needs to sign. Looks like thats you. So you need to sign, go to consulate (follow the steps in between) and have consulate put their stamp on the PoA. I think thats what needs to happen - unless I am missing something..

[class254]

Hi,
IF YOU DON'T MIND, CAN YOU PLEASE SEND A SAMPLE "POA" LETTER TO MY EMAIL ID: class254@live.com.

Thanks in Advance.

[sanjayboga]

Please send me the POA sample if any one has. Thanks.

[vidyamula]

Most of the above mentioned steps are obsolete as per the current processing. I have done it just today at SanFrancisco Indian embassy.

Below are the clear steps..

- type your POA on plain paper
- Get it notarized and then Apostilled(mandatory as per Indian Embassy)
- Get the color photo copy of Apostilled POA with out missing the STAMP which might have gone half on Apostilled certificate and other half on the POA paper. So, make sure you take the photocopy with out detaching the certificate from the POA paper.
- Then fill the Miscellaneous doc from Embassy web site.
- Provide all the supporting documents. These are clearly mentioned at the embassy Web site.

Some of the people here asked for the POA sample. The POA will be different for different purpose. So, try to get it from the lawyer. For sure, lawyer in India would be having a sample soft copy. I got it the same way.

[smallwhale]

Thanks everyone for their suggestions.
I am also in the same boat. I am in USA and want to sell my property in Bangalore, India, but wants to give the PoA to my brother who is in Kolkata, India. Can anybody tell me the correct procedure.

I am getting mixed messages from different sources.

1) Consulate general of India in SF mentions that only stamp papers needs to be apostilled. If we are writing PoA on a plain paper, then why do we need to apostille it ?

2) Indian Emabassy website clearly tells that apostillation is required only for the public foreign documents. I don't think PoA is a public foreign document. But I could be wrong.

3) There is a procedure mentioned in "The Hindu". But this post is quite old (2005). Not sure if Indian Government changes any rules since then.

So I am very confused and donno what needs to be done here.
Can somebody help me here ?

regards !!
smallwhale

[kannanh]

I got my POA verified/attested by the Chicago consulate yesterday. Here are the steps:

1) Type the POA on plain white paper and get it notarized. The POA should also be signed by two witnesses.I used the required sections from the POA on http://www.sunilgandhi.com/poa.html. Make sure to add a notary declaration section at the end of the POA document. This was a requirement for getting an apostille in Illinois. The declaration should be at the end of your POA. Here is the sample

State of ________________________
County of ________________________
I, a Notary Public in and for said County and State, hereby certify that ______________________________________, personally appeared before me this day and acknowledged execution of the foregoing as his/her free and voluntary act and deed.
WITNESS my hand and notarial seal this ______ day of ________________________, 20________.


_____________________________________

Notary Public

2) Take the notarized document to the local secretary of state office to get an apostille. The apostille is a certificate validating the sign/seal of the notary and it will be attached to the POA document and a seal will be applied to ensure that no pages are added/removed from the document. The Indian consulate won't accept POA without an apostille.
3) Make a photocopy of the apostilled POA. Make sure not to remove the seal.
4) Take the original and Photocopied POA along with the filled miscellaneous form and supporting documents to the consulate. Pl take atleast 3 extra photographs with you - 1 photo for the form and one each for the original and photocopied POA.
5) You will be asked to affix ur photo on the last page of the POA's(which has all the signatures) and sign over it. You will also be asked to sign every page of the POA. The photocopy of the POA will be kept by the consulate for their records. The original will be returned to you.

If you are getting your POA validated via mail, make sure you attach a photo to the POA, sign over it and also sign every page of the POA. Do it for both the original and the photocopy.

Hope this helps