Hi,
Sharing my POA experience.
We are Canadian citizens, with OCI cards in the province of Quebec.
Plan was to buy an apartment in India but could not travel. Solution was to provide a POA to my sister.
Here are the steps I took
Step 1: POA draft: Get a general POA draft (any Indian attorney can provide).
Step 2: Sign/thumb print: Print it, sign on each page. Paste a 2x2 in photo on the last page, sign across photo and left thumb next to photo.
Step 3: Public notary: Quebec notary - ensure Notary initials on each page, Notary writes mentioned party names on final page, original ID were photo copied by notary, general purpose the POA will be used for, and then notarize it.
Step 4: Notary certification: Chambre des notaires (submit certification application, and get notary certification). Important- They will reject if the notary did not type/write required details.
Step 5: Apostille: Submit the notarized POA, Certification, and apostille application to Ministry of Justice Quebec.
Step 6: Send Apostilled POA to India: Send the entire doc set to India.
Step 7: Photo, signature, thumb print of the attorney : have your attorney (POA holder, sister in my case) paste a photo on final page, sign across photo, and thumb print.
Step 8: Notarize : Get it notarized on a 500Rs bond
Total time ~ 1 to 1.5 months (can be expedited with additional price/explanation letters on case by case basis)
As a Canadian citizen, due to Canada's participation in the Hague Apostille Convention, only an apostille from the Quebec Ministry of Justice was required; Indian consulate attestation was not needed.
Who can be POA?
Anyone when purchasing a property.
When selling, it is better to have immediate relative as POA to avoid POA conveyance/stamp duty charges (which can be upto 5-6% of sales value depending on your state)
Immediate relatives: Spouse, Father, mother, brother, sister, children, grand parents, grand children, In-laws can be considered close relatives for spouse as well..
What does notary need to write? - here is a sample
Statement of attestation to purchase a property in India, by Power of Attorney signed by our names, in current location on date
I, Notary name, the undersigned notary, attest that the content of the present Deed is exact, and the attached pieces of identification were photocopied from the original document, by the Notary; That I have verified the identity and capacity of the signators; And that the Power of Attorney reflects the signators' wishes. Attested in location, on Date.
Notary stamp and seal, signature, contact info,
Bank POA?
Bank providing a loan also needs POA in their own format.
Get draft - sign on each page- paste photo on last page, sign across, (maybe add thumb print too) - get it notarized.
There is no need for certification and apostille. Your general POA done above is primary.
Ensure you provide all self attested KYC docs copies (aadhar, pan, OCI card etc.) , and also notarized & self attested foreign IDs if any (DL, passport etc.)
Sharing my POA experience.
We are Canadian citizens, with OCI cards in the province of Quebec.
Plan was to buy an apartment in India but could not travel. Solution was to provide a POA to my sister.
Here are the steps I took
Step 1: POA draft: Get a general POA draft (any Indian attorney can provide).
Step 2: Sign/thumb print: Print it, sign on each page. Paste a 2x2 in photo on the last page, sign across photo and left thumb next to photo.
Step 3: Public notary: Quebec notary - ensure Notary initials on each page, Notary writes mentioned party names on final page, original ID were photo copied by notary, general purpose the POA will be used for, and then notarize it.
Step 4: Notary certification: Chambre des notaires (submit certification application, and get notary certification). Important- They will reject if the notary did not type/write required details.
Step 5: Apostille: Submit the notarized POA, Certification, and apostille application to Ministry of Justice Quebec.
Step 6: Send Apostilled POA to India: Send the entire doc set to India.
Step 7: Photo, signature, thumb print of the attorney : have your attorney (POA holder, sister in my case) paste a photo on final page, sign across photo, and thumb print.
Step 8: Notarize : Get it notarized on a 500Rs bond
Total time ~ 1 to 1.5 months (can be expedited with additional price/explanation letters on case by case basis)
As a Canadian citizen, due to Canada's participation in the Hague Apostille Convention, only an apostille from the Quebec Ministry of Justice was required; Indian consulate attestation was not needed.
Who can be POA?
Anyone when purchasing a property.
When selling, it is better to have immediate relative as POA to avoid POA conveyance/stamp duty charges (which can be upto 5-6% of sales value depending on your state)
Immediate relatives: Spouse, Father, mother, brother, sister, children, grand parents, grand children, In-laws can be considered close relatives for spouse as well..
What does notary need to write? - here is a sample
Statement of attestation to purchase a property in India, by Power of Attorney signed by our names, in current location on date
I, Notary name, the undersigned notary, attest that the content of the present Deed is exact, and the attached pieces of identification were photocopied from the original document, by the Notary; That I have verified the identity and capacity of the signators; And that the Power of Attorney reflects the signators' wishes. Attested in location, on Date.
Notary stamp and seal, signature, contact info,
Bank POA?
Bank providing a loan also needs POA in their own format.
Get draft - sign on each page- paste photo on last page, sign across, (maybe add thumb print too) - get it notarized.
There is no need for certification and apostille. Your general POA done above is primary.
Ensure you provide all self attested KYC docs copies (aadhar, pan, OCI card etc.) , and also notarized & self attested foreign IDs if any (DL, passport etc.)
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