POA -NOTARY OR REGISTERED

Dear Client,

If your niece only wants to authorize you to handle paperwork, liaison with the development authority, and related administrative work for the flat without giving any power to sell, transfer, or deal with title then a notarised limited Power of Attorney is generally valid and sufficient. Registration of the POA is compulsory only when it gives authority to sell, transfer, mortgage, or execute the sale/registration of the property. Since she plans to come personally for final registration, a notarised POA should work for interim work.

However, if she signs it abroad as an NRI, it should be executed before the Indian Consulate or notarised there and later stamped/adjudicated in India as per local stamp laws. It is advisable to confirm once with the concerned development authority, as some authorities insist on a registered POA even for administrative purposes.

Power of attorney in relation to immovable properties the courts have been taking stance that it must be registered to enable to the holder to do or perform any transaction on the property. In case you are planning not to sale or register the property then it probably means that you shall me managing few things with the builder before the registration. In that case you can get a letter of authorization from her and she can also communicate to the builder for the same.