Can an NRI give POA to her father-in-law to sell her flat in Bangalore?

 Yes, but with few consequences

As an NRI, when you buy a property, you can give POA to any of your trusted source in India that includes your father, mother, brother, sister, in-laws, friend, colleagues.

The stamp duty for POA is just Rs. 200 (for buying a property)

When you sell a property, you have to give POA to your blood relative, the blood relative includes your father, mother, brother, sister, husband and your own children. In-law doesn’t comes under blood relative category, that mean your father-in-law doesn’t come under blood relative category.

Stamp duty for blood relative is Rs. 200 (for both buying and selling)

For non-blood relative, You can give POA to your father-in-law but you have to pay government charges (stamp duty, cess and registration cost) at the time of POA adjudication itself (instead at the time of deed registration)

For example: Your property value is Rs. 50 Lakh.

  • The stamp Duty is 5.1%X50 lakh = 2,55,000
  • Cess is Rs. 0.5%X 50 Lakh = 25,000
  • Registration cost is Rs. 1% 50 Lakh = 50,000

The total government charge is Rs.3,30,000/- is payable at the time of POA adjudication in India.

However you can offset government charges from your buyer, as your buyer need not to pay government charges at the time of sale deed registration.

Note:

  • All the government charges are paid through K2 challan.
  • Government charges are based on government guidance value or selling price, whichever is higher.
  • In case you execute the POA before you find the buyer, the government charges are based on government guidance value. Any difference in government guidance value and selling price at the time of sale deed registration, the difference amount has to been paid in sub-registrar office at the time of sale deed registration.

Below is the real example of similar situation.

Husband and wife, jointly own a flat in Bangalore. Both lives in Canada and not able to travel to India to register the property.

Both husband and wife decided to give POA to father (father to husband and In-law to wife) so husband is blood related to father and wife is not blood related to in-law. In such situation, we need to pay 50% of government charges

My client was not willing to pay 50% of government charges so we planned to execute the POA between husband and wife to avoid hefty government charge.

We execute the POA in Canada + notarized in Canada + adjudicated the POA in India. We incurred the stamp duty of Rs. 200

We sold the property by using the below GPA

We provide end-to-end assistance to obtain POA for Blood and non-blood relative.

To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to +91-97424 79020.

Thank you for reading…

Location: India

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