It is likely that people who have an immovable property in India feel the need to give the power of attorney to someone in India to take care of all the affairs related to the property. Businessmen and industrialists living in the U.S. often have to make decisions that affect operations in India. To solve the problems faced in day-to-day operations, people often delegate their functions to a third party (a family member, business partner, employee, etc). The third party performs functions on their behalf. A power of attorney is a legal document that explains this arrangement between two parties.
How to get a power of attorney? Steps for creating a Power of Attorney
STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well. All post offices and banks have a public notary too.
STEP 2: NECESSARY ONLY FOR COMMERCIAL AND COMPANY MATTERS. Send a request for an apostille to the Secretary of State. The Department of State, Authentications Office is responsible for signing and issuing certificates under the Seal of the U.S. Department of State (22 CFR, Part 131. The goal is to provide authentication services to U.S. citizens and foreign nationals (for example, Indians) on documents such as a power of attorney that will be used overseas. For more information on where to apply please visit http://www.hcch.net/index_en.php?act=authorities.details&aid=353
STEP 3: FOR ALL MATTERS RELATSTEP 3 FOR ALL MATTERS RELATED TO PROPERTY AND FINANCES Send the document to the Indian Consulate. If you are submitting the documents in person, you can sign it in the presence of the officer at the Consulate. You should carry your passport as well. The attestation service at any Indian Consulate is provided for Indian citizens only. There is one exception. Documents submitted by applicants of other nationalities will be attested only if there is an 'India' connection. This means that the applicant wants to give this document for a transaction in India or it originates from India.
STEP 4: Pay the fee at the Consulate. The fee of attestation is as follows: Fees should be paid through money order or cashiers' cheque drawn in favor of the 'Consulate General of India, (City of Consulate)'. Personal checks, credit cards or other banking instruments are not accepted. Debit cards are accepted with an additional service fee. The fee is non-refundable.
STEP 5: Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India. A power of attorney must be wisely created and given to a trustworthy person. The agent must also be very cautious before accepting a power of attorney. A poorly drafted power of attorney may become a bone of contention between the affected parties. If you live in the U.S. and are having a tough time dealing with financial and property related matters in India, it is a good idea to draft a power of attorney!