How to Manage Your Property in India with a Power of Attorney

If you are a US national with property in India (e.g. funds in bank accounts, real estate etc.), you may have trusted friends, family members or business partners that are willing to manage your property or to purchase or dispose of property on your behalf.

If so, and you need this person (or business) to take some action with your property (or to take some action on your behalf), you must confer a power of attorney to your trusted designee.

How?

There are six steps to conferring powers of attorney on your designee:

1. Enter a written and signed agreement with your designee that lays out exactly what powers you are conferring on them (e.g. what actions they are permitted to take, under what conditions, and for what duration)

** Desai Legal Services PLLC can provide a thorough, legally valid power of attorney agreement for $150 **

2. Have your agreement notarized by a Michigan notary public (if you reside in Michigan)

3. Obtain a Certificate of Authority from the Michigan Secretary of State as described below:

a. Present the notarized document to one of the six Michigan Secretary of State SUPER!Centers located around the state. Only the Secreatary of State locations listed below can provide a Certificate of Authority (they can provide the Certificate of Authority on a walk-in basis:

· Office of the Great Seal - Richard H. Austin Building 1st Floor, 430 W. Allegan Street, Lansing, MI

· Capital Area SUPER!Center - 3315 E. Michigan Ave, Lansing, MI

· Clinton Township SUPER!Center - 37015 Gratiot Avenue, Clinton Township, MI

· Detroit New Center SUPER!Center - Cadillac Place Building, 3046 West Grand Boulevard, Detroit, MI

· Flint Area SUPER!Center - 5512 Fenton Road, Flint, MI

· Grand Rapids SUPER!Center - Centerpoint Mall, 3665 28th Street SE, Grand Rapids, MI

· Livonia Area SUPER!Center - 17176 Farmington Road, Livonia, MI

· Marquette County PLUS - 2025 U.S. 41 West, Marquette, MI

· Oakland County SUPER!Center - 1270 Pontiac Road, Pontiac, MI

If you wish to mail your request, you must use the following address:

Michigan Department of State

Office of the Great Seal

7064 Crowner Drive

Lansing, MI 48918.

Enclose a check or money order payable to the State of Michigan in the amount of $1.00 per authentication requested. Please do not send cash. Your request must also include the country of destination, as well as a self addressed stamped envelope for return of the documents.

4. Attestation by the Indian Consulate: The documents listed below including the Certificate of Authority must be mailed to the Consulate General of India at the following address:

Mailing Address:

Consulate General of India, Chicago

455 North Cityfront Plaza

Suite 850, NBC Tower

Chicago, IL 60611

a. Two sets of the document to be attested or original document and a copy there of can to be submitted.

b. A completed and signed Miscellaneous Services Application Form

c. Current passport in original and photocopy of the first page and last page of the passport.

d. Proof of current US residence address: (copy of any one of the following):

-U.S Driving license.

-PG&E, Water or landline telephone bill displaying applicant’s address

-House Lease Agreement

-State Identification Card

Note: Bank/credit card/mobile phone statements are not accepted as residence proof.

The Indian Consulate estimates a processing time of 10 business days.

Once the Indian Consulate has attested to the authenticity of the document, you can now send the attested, sealed, and notarized document to your trusted designee and they can now begin to act on your behalf.

Please note that there are slightly different processes for Non-resident Indian citizens. There is also a slightly different process for authenticating public US documents such as court settlements, deeds, divorces decrees etc. Shawn Desai at Desai Legal Services PLLC can provide affordable counsel and legal assistance. You can reach him at (810)-355-6134 or at shawn@desailegalservices.com .