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' Well, the answer is pretty simple: you can appoint a Power of Attorney (POA). You can either sell your property in India while staying abroad (through POA) or when you visit India.
If you're a US citizen or Green Card holder and you sell property in India, you must report the sale to the IRS under capital gains. The US taxes your worldwide income, which means that any taxable event, like selling property, has to be reported to the IRS, even if it happened in India.
This may include a ration card, telephone or electricity bills, life insurance policy statements, etc. Same set of papers are also required as the proof of residence abroad. Sale Deed: A key document needed in the process is the sale deed, also a primary proof of ownership.
Subject to the relevant Foreign Exchange Management Act, 1999, (FEMA) regulations, as an NRI or an OCI, you may sell any residential or commercial property in India to: A person resident in India; or. Any NRI/OCI.
Generally, NRIs can sell residential and commercial properties without much restriction. However, selling agricultural land, farmhouses, or plantation property is only permitted under specific conditions, usually requiring prior approval from the Reserve Bank of India (RBI).
What is the Supreme Court Judgement on power of attorney? The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality.
It is normal practice to authorise special powers of attorney abroad by signing a power of attorney document. If the document is being signed for use abroad, it must be notarised by a Notary Public in order to be accepted.
The POA needs notarization in the US for its initial validation. A recognized notary public must certify the document. After notarization, the Indian consulate or embassy must attest to it. The applicant must submit the notarized POA, passport copies, and applicable fees to the consulate.
A Power of Attorney is a legal document that lets someone (the “agent” or “attorney-in-fact”) act on behalf of another person (the “principal”) in specific matters. If you want someone to manage your property, handle finances, or represent you in legal matters, a POA from USA to India allows them to do so.
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