Power of attorney from Canada for property in India

What the law requires

The Registration Act, 1908 is a central Act. Its section 33 lists the only powers of attorney recognised for presenting a document for registration. For a principal who “does not reside in India”, the PoA must be “executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government”. Section 33(4) lets such a PoA be proved by production “without further proof” when it purports on its face to have been so executed and authenticated.

Stamp duty on a PoA is levied under each state’s stamp law, and Payotte has not found a single central rate. Ask the sub-registrar of the state where the property lies what stamping and registration the PoA needs.

Steps from Canada

1. Draft the PoA with a property lawyer (advocate), naming the property, the powers and the agent. The Vancouver checklist asks that it begin with the executant’s name exactly as in the passport, the passport number and the Canadian residential address, with a photograph affixed at the end. The High Commission in Ottawa says it prescribes no format and that plain paper is acceptable.
2. Choose the route. There are two.
   • Notary and apostille. Sign before a Canadian notary. Obtain an apostille from the competent authority: the provinces of Alberta, British Columbia, Ontario, Quebec and Saskatchewan each issue apostilles for documents issued or notarised there; elsewhere, Global Affairs Canada in Ottawa issues them (Global Affairs Canada FAQ). The Ottawa High Commission states that “any Apostille Certificate (including e-Apostille) issued by a competent authority in Canada requires no further attestation”. It adds that the locally notarised document should not be more than three months old.
   • Indian mission. The Ottawa High Commission says that, for in-person applications at the BLS centre, “Indian Passport holders are not required to notarize/authenticate POA/Affidavit from designated Provincial Authorities”, and that the mission attests PoAs. The signatories attend in person with witnesses, a passport copy, Canadian address proof and, for Indian passport holders, immigration status in Canada. Applications are made at the BLS centres in Montreal and Ottawa for Ottawa’s jurisdiction.
3. Check your mission. The Vancouver checklist is dated January 2024 and still describes Canadian passport holders first having documents authenticated by Global Affairs Canada or the provincial authority before the consulate attests them, with a fee of CAD 28.00 for a power of attorney plus BLS service charges. The Ottawa page and the Vancouver checklist therefore differ in what they describe; confirm the current requirement with the mission that covers your province before you sign.
4. Send the original to India. Courier the original to the agent. Make a certified copy first.

After arrival in India

• Stamping within three months. Section 18(1) of the Indian Stamp Act, 1899 provides that an instrument chargeable with duty executed only outside India may be stamped “within three months after it has been first received in India”. If a private person cannot stamp it with the prescribed stamp, section 18(2) lets it be taken to the Collector within the same three months. The amount depends on the state.
• Registration of the sale deed. The agent presents the sale deed at the sub-registrar’s office; the PoA is produced as authority under sections 32 and 33. See property registration process.
• Documents signed abroad. For a document other than a PoA, section 26 of the Registration Act lets the registering officer accept for registration a document executed out of India, presented late, if it is presented “within four months after its arrival in India” and the officer is satisfied it was so executed.

Practical cautions

• A PoA gives an agent real power. Limit the powers to what is needed, name the property, and ask your lawyer about expiry and revocation.
• Do not give an unrelated person a blanket PoA for all your property.
• The sources read do not say whether a given state requires the PoA itself to be registered; ask the sub-registrar or your lawyer.

What differs by state

Stamp duty on a PoA, the need to register it, and the sub-registrar’s checks are state matters; for example, the stamp and registration charges on the sale itself differ by state (stamp duty calculator). The apostille, the Indian mission’s attestation and section 33 of the Registration Act are central.

Which professional to consult

A property lawyer (advocate) enrolled with the State Bar Council (property lawyer) drafts the PoA. A Canadian notary public witnesses signature. The sub-registrar’s office in India registers the sale. See also buying a home in India.