Hi Friends, I have a question. Is it possible to add my name to the house documents, without me physically going to India. something like giving my dad power of attorney to purchase/add my name to the documents. Instead of me signing, my dad will sign it. Please let me know. If anybody did buying or transferring or adding names in property documents without your presence and how it worked out. Background details: Before moving to USA me and my husband used to work in a city (india), we were very interested in buying a house there. And later we moved to USA. we still had plans to buy a house there. as soon as I started working in USA, with my H's advice, my dad was searching a house for us, as my parents were living in the same city too. my husband alone went to India and registered on his name and took a housing loan as an NRI, and co-borrower as my dad's name. Later my dad did arrangements (buying fans, lights, curtains, getting it cleaned etc and searching proper tenants) for renting it. This year loan is getting over. I want my name too added to the house as I too worked hard in repaying the loan (even I don't pay money wise for the loan, I am eligible for this as a wife (I helped him and his family financially and in so so many ways as a wife of 13 years that is also another thing) ) . And my H is Ok to add my name. I would like to tag some, as I know them through other areas of IL forums and they helped me with their advises before. @yellowmango @Rihana @iamsrihere @MalStrom @brevity @Jazmine83 @Priya16 @sokanasanah @pear @SGBV @jskls @Akanksha1982 @Gauri03 Thank you in advance, any suggestions will help me.
Thank you @KashmirFlower. The article you shared is very helpful. Thanks a million!!! It has been 6 months since you posted this question. Did you happen to get this done without visiting home country personally? If yes, how was your experience? My dad already has a POA for the house I bought before marriage. He helps me tremendously with general maintenance and renting out of the home during my absence. I am not sure, if I should add additional conditions to the existing POA (made in home country before marriage) for buying a new house or create a new POA ( to be made here in NY) altogether. Your advice will be very helpful! Thanks in advance.
no, whenever I bring this topic of adding my name some fight happens by my H now a days. Before he was saying yes. So for now I didn't do anything related to POA. I too have same questions as you. May be meet/call some CPA or Accountant and take advice. (in USA u meet and see what they say, may be in india is preffered as u buy it there, even POA should be done in the same state where u are buying the property i think )
You are right. I will ask someone here and keep you posted if i get any info. Thanks for the quick reply. Appreciate it!
For adding your name to a property or anything related to property registration, better do when you go to India. As for as giving POA to your dad, the person giving POA and the person being authorized as POA need to be physically present wherever POA deed is being registered. In fact, sometime back the rule was - if you are giving POA to your dad, you need to be physically present in India when POA is being executed. If you give POA to your dad and you cannot prove that you were physically present in India (through passport entry/exit stampings) when the POA was executed, then any transaction done by the POA (dad) will become null and void. For example, you give POA to your dad for buying property on July 1, 2015. Your dad buys the property for you in December 1, 2015 acting as your POA. You must have been physically present in India on July 1, 2015. If you cannot prove that you were in India on July 1, 2015, then any transaction done by your dad is invalid. So the person who sold you the property can very well deny that property transaction and take back the property. Based on the article you shared, I am understanding that now you can actually give POA to someone even in Consulates without actually going to India. Still I will try to avoid that, for the reason given below. In case of any trouble, civil cases will drag on for years in India. It is better to lessen the complications like POA deed executed in US. As much as possible, be in India for property registration. if not possible, next best thing is, be in India while providing POA to someone.
