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How to Execute a Power of Attorney (POA) from Canada to India: Step-by-Step Guide

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If you're residing in Canada and need to authorize someone in India to act on your behalf, whether for buying, selling, or managing property, a Power of Attorney (POA) is the legal instrument to do so. This guide outlines a simple, step-by-step process to execute a Power of Attorney from Canada to India, with a real-life case study to illustrate how it works.

STEP-BY-STEP PROCEDURE TO GIVE POWER OF ATTORNEY FROM CANADA TO INDIA

Follow these 7 straightforward steps:

Step 1: Draft the POA Document
Prepare the POA in a Word document format. You can either draft it yourself or request a sample/mock draft from your bank, builder, lawyer, or real estate agent.

Step 2: Print on A4 Paper
Print the POA document on standard A4-size white paper. There is no requirement to print it on stamp paper while in Canada.

Step 3: Sign the POA
The Executant (you) must sign all pages of the POA.

Step 4: Get Notarized in Canada
Visit a local Public Notary in Canada to have the POA notarized.

  • Most Canadian notaries charge approx. C$50 per page.

Step 5: Attestation by the Consulate General of India
Next, get the POA attested by the Consulate General of India in Canada.

  • The consular attestation typically costs C$28 per page.

Step 6: Courier POA to India
Send the attested POA along with a self-attested copy of your passport or OCI to India via reliable courier or post.

Step 7: Adjudicate POA in India
Once received in India, the POA must be adjudicated at the District Registrar’s Office located within the jurisdiction of the concerned property.

  • Adjudication typically takes one working day, subject to government holidays.

REAL-LIFE EXAMPLE: POWER OF ATTORNEY FOR A BANGALORE PROPERTY

One of our clients, Mr. Naresh, who resides in Ontario, Canada, wanted to purchase a 3BHK apartment in Bangalore. Since he could not travel to India for the sale deed registration, he decided to grant a Power of Attorney to his father, Mr. Kumar.

We followed the exact 7-step process mentioned above to execute the POA successfully.

Mr. Kumar used the adjudicated POA to complete the flat purchase on behalf of his son in Bangalore.

Image of POA executed by Mr. Naresh and used by Mr. Kumar is provided below.

Notary Page Page 2 Page 3

IMPORTANT NOTES & PRACTICAL TIPS

  • Get a Mock POA Draft: You may request a sample POA from your builder, bank, lawyer, or agent and customize it as per your requirement.
  • Notary Before Consulate Attestation: In Canada, the POA must be notarized before it is accepted by the Indian Consulate for attestation.
  • Attestation on Final Page is Sufficient: In most cases, only the last page of the POA requires attestation, though signing all pages is recommended for clarity.
  • Attorney’s Presence Not Required in India: For adjudication, the attorney/agent (in India) need not be physically present. In Mr. Naresh’s case, Mr. Kumar was based in Hyderabad, and we (PGN Property) processed the adjudication in Bangalore after receiving a written consent from him.

Save Time and Cost:

  • If the property is in Karnataka, notarization alone is accepted for adjudication. Consular attestation is not mandatory, which may save you cost and effort.
  • Witnesses can often join via video call, which many Canadian notaries accept.

NEED PROFESSIONAL ASSISTANCE?

At PGN Property, we provide end-to-end assistance for executing Power of Attorney documents, including adjudication, courier handling, and legal coordination.

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