There is a special legal provision to those who are Non Resident Indians (NRI) and Overseas Citizen of Indians (OCI) for facilitating both buying or selling of properties in Tamil Nadu meeting all statutory obligations. In order to achieve smooth operation of a deal one has to appoint a trustful Power of Attorney (POA) at the first place. The following paragraphs give a crisp and chronological description on ‘How’.
- A POA can be prepared in a plain white paper and there is no need for any stamp paper for this purpose.
- The document should specify clearly the details regarding the POA including his/her name, age and address and complete details about the property including Measurement, Survey number, Village, Taluk, District, and all information on the Sub-Registrar office where the property was registered.
- The documents prepared in line with the above details should be signed (Authenticated) by the person who grants the power in all pages. In addition the photo of the Grantor should be pasted and the LTI should be affixed.
- The document should be signed by two witnesses and attested by a Notary public (Advocate) who is authorized to sign such document and provide complete information including his Name, Age, Address, License number and the expiry date and most importantly the seal authorized and approved by the Government. The photo copy of ID of the witnesses should be annexed.
- Copy of VISA or any other proof for number of years he/she is permitted to stay in the foreign soil should be annexed with the POA.
- All documents should be attested by the Notary Public.
- The above said documents complete with all details and annexure should be couriered to the person who is to be nominated as the POA.
- The POA can be adjudicated in any of the office of the District Registrar or in the office of the sub-Registrar under whose jurisdiction the property comes.
Procedures for getting the POA Adjudicated
The person who has been nominated as the POA should approach the office with the following documents.
- The entire documents received from the NRI/OCI along with the postal/courier cover.
- ID proof of the person nominated as POA.
- Two witnesses along with their ID proof.
- An affidavit in Rs 20/- stamp paper with details including the date of receipt of the Documents from the foreign country, details on the property for the deal and particulars about the person authorizing the POA and signed by the person nominated as POA and attested by a local Notary public.
An application letter affixed with a Rs 10/ court fee stamp enclosing all the above four documents should be taken to the office for adjudication. The documents should be produced before the DRO/SRO paying Rs100/- stamp Duty and Rs 5/- towards fees upon which an ‘Adjudication number ‘will be issued to the payee. This number is very important which has to be indicated while registering any deed.