How to Make a Power of Attorney for selling a Property in India by an OCI Holder/ Foreigner living in Australia

Australian citizens who wish to sell a property in India by the giving power of attorney may find these steps useful. This input is from one of our readers.

Steps followed

Note: Processing time- 5-7 working days

1. Made the needed power of attorney document from the lawyer in India.
2. Went to a local Notary to do the attestation of the above document with Red Stamp. Red stamping is important. Cost 50-150 Dollars depending on the size of the document and and the number of people jointly own the property
3. Went to DFAT ( Department of Foreign Affairs and Trade) and do a precess called Apostillation of the Notarised document. Cost 60-80 Dollars. DFAT Apostillation working hours are 8:30 to 1 pm in Sydney. If you reach by 10 am you will get the Apostilled document on the same day. For Apostillation; Notary attestation of the document with red stamp is a must. So do the step 1 first. Apostillation is a kind of attestation needed for citizens involving in commercial transactions on another country where countries are signatories. It is applicable to OCI holders with Australian Citizenship for property matters in India.
4. Went to VFS with the following
   • Apostilled document mentioned above
   • Filled application for Misc Service at VFS. Service Category- Attestation. Take the form from VFS website.
   • JP Certified copies of the passports of the property owners
   • If Indian passport holder is a joint owner; the original passport of the joint holder of the property
   • Photo of the applicants
   • Fee of app 70 Dollars
5. Send this document to India; where they need to pay the needed fee to make it Valid in India. It can be handled by Indian lawyer. Indian lawyers will do the needed procedure in India.

Note: The above input is from one of the readers of eMA. He just shared his experience and it is not a legal advise from any qualified people. So We DONT vouch for the authenticity of this information. Readers need to take professional advise from qualified professionals. eMA won’t be held responsible for any wrong information in the article.