Power of Attorney | Risks, and concerns for NRIs

Power of Attorney
Real Estate » Power of Attorney | Risks, and concerns for NRIs

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NRIs especially the ones who have businesses across the globe have a particularly hard time. When it comes to making decisions, sensitive decisions that have a larger impact usually require the presence of the individual to sign documents. To save on time and money traveling back, the power of attorneys can be signed.

A power of attorney basically grants another person the power to make decisions on behalf of another person. The power of attorney can allow the said person to make limited decisions or all decisions from financial, and medical to investment decisions as well.

What Is A Power of Attorney?

A power of attorney is a legal paper that allows a person to make decisions on behalf of another. The power of attorney can be used for personal, business, and legal matters as well. The person who is giving the power of attorney is called the grantor while the other person is known as the agent. The power of attorney will allow the grantor to make financial transactions and important business decisions. They can also purchase insurance, employ people, etc with the power of attorney.

For NRIs, a power of attorney is especially helpful as it means they do not have to be present physically in India to conduct their affairs.

Types of Power of Attorney

To further continue the discussion of the power of attorneys, let us understand the different types of power of attorneys.

General Power of Attorney:

Per the name, the general power of attorney gives the power to the agent to act on their behalf. Some of the matters where this type of POA comes into play are legal, financial and also real estate.

Limited Power of Attorney:

A limited power of attorney is created for a specific purpose only. Once the purpose is met, the power of attorney expires. For instance, the POA could be to pay bills, sell properties etc.

Medical Power of Attorney:

The last type of power of attorney is a medical POA. This POA has two agents, one to carry out financial decisions and the other to make medical decisions. The medical power of attorney is usually granted to children who carry out the POA on behalf of their parents when they fall sick.

Can NRI give power of attorney in India?

Non-resident Indians can give power of attorney to a person in India. Typically, most NRIs exercise this right for real estate management. In India when buying or selling properties, the Government requires the signature of both parties during registration. Since NRIs cannot be present in person, their agent can sign the registration document with their power of attorney. This power of attorney for property in India also comes in handy when the NRI cannot make decisions due to poor health and there is an urgent matter to attend.

How can I give someone in India a power of attorney while overseas?

When talking about NRI power of attorney one important concern is foreign power of attorney validity in India. Undoubtedly, if an individual is following the due process and getting the power of attorney done as per the legal route and done as per the power of attorney new rules in India, there would be no questions regarding validity. In India, the process for an NRI to get a power of attorney is as follows:

  • To start, the individual must have the power of attorney drafted with the required terms and conditions, on a judicial stamp paper. The stamp paper must be around of value INR 100.
  • Get the agent or the legal representative’s signature along with the signatures of two witnesses.
  • Take the signed stamp paper to the sub-registrar’s office with all concerned people and their identity proof.
  • At the sub-registrar’s office, the signatures, fingerprints, and photographs will be collected from all people present.
  • The registered power of attorney can be then collected from the sub-registrar’s officer on the due date. On average, the due date is around five days from the submission of the document.

Risks and Concerns Regarding Power of Attorneys for NRIs

With any decision that involves a little bit of money, with a power of attorney, there are many risks. Especially in the case of NRI power of attorneys, there are many risks that one must keep in mind to avoid.

The first major risk is choosing the wrong person as the agent. Trusting someone to take financial, legal and even medical decisions for someone else is massive. The NRI needs to ensure that they are absolutely sure of their agent’s integrity. The agent must be trustworthy and also give regular updates to the power of attorney granter. It must be kept in mind that any fraud or illegal misdoings of the agent would mean that the grantor is also doing them.

It is advisable to always limit the powers of the agent in the power of attorney. One must also contact an experienced lawyer who specializes in the creation of a power of attorney in order to craft the perfect power of attorney.

Revoking Power of Attorney

Sometimes, conditions could arise where one has to revoke to nullify a power of attorney. It is not necessary, legally, to have any reason to do so. Merely having second thoughts about the agent is sufficient grounds to revoke power of attorney.

The agent could also refuse to perform their duties after the power of attorney has been created.

To revoke the POA, a signature of a public notary is necessary. An affidavit letter stating the intent to revoke the power of attorney should be sent to the former agent.

The same letter must also be sent to all financial institutions and related organizations so that they are informed there is a new agent.

After the power of attorney has been revoked, the document must be notarized.

The new power of attorney must also have a reference to the previous agent and all concerned parties must be notified of the new power of attorney.

Getting a power of attorney, as an NRI, is not tough but is definitely time-consuming. This is a delicate but important decision to make that must be made under the guidance of experts. The lawyers at Lex Solutions have years of experience with the power of attorneys and are the best to craft the perfect power of attorneys for NRIs.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.