Learn how NRIs can give Power of Attorney (PoA) for buying or selling property in India. Step-by-step guide, legal tips and a free PoA template.
What Is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that allows a person (called the Principal) to authorize another individual (the Attorney or Agent) to act on their behalf in legal, financial, or property-related matters.
For Non-Resident Indians (NRIs), a PoA is the most efficient way to manage property transactions in India without needing to travel.
Why NRIs Need a Power of Attorney for Property in India
Many NRIs own property in India but live abroad. Being physically present during sale, purchase, or registration is often not feasible. A PoA helps them:
- Sell or buy property legally
- Sign legal documents
- Appear before authorities via an authorized person
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Types of Power of Attorney for NRIs
- General PoA: Grants broad powers to manage multiple activities
- Special PoA: Grants limited powers for a specific task (e.g., selling one particular house/land etc.)
✅ A Special PoA is most commonly used for property sale or purchase.
Step-by-Step: How NRIs Can Give Power of Attorney in India
Step 1: Draft the Power of Attorney
Include:
- Full name and address of both NRI and the Attorney
- Detailed description of the property
- Specific powers granted (sale, signing sale deed, possession, registration, etc.)
- Validity or conditions (optional)
💡 Use professional legal help to avoid ambiguity or rejection at the registrar's office (during adjudication).
Step 2: Attestation Abroad
- Sign the PoA in front of: The Indian Embassy or Consulate
- Have the Power of Attorney attested by the Indian Embassy or Consulate in your country.
Step 3: Send the PoA to India
- Courier the original, attested PoA document to the person in India (your appointed attorney).
Step 4: Adjudication (Stamping) in India
- Must be adjudicated (stamped) at the Sub-Registrar Office within 3 months of its arrival in India.
- Stamp duty varies by state (e.g., ₹500 in Maharashtra).
⚠️ Without adjudication, the PoA is not valid for property registration.
Step 5: Use of PoA in Property Transaction
After adjudication:
- The attorney can legally sign the sale/purchase deed
- Appear before the Sub-Registrar
- Receive or hand over possession
- Manage legal and financial paperwork
Sample Clauses for a Property Sale PoA
“To sell the property bearing Flat No. __, situated in __ Society, located at __ (full address), and to execute and sign all necessary documents, receive the full sale consideration, and appear before the Sub-Registrar for the purpose of registration, possession transfer, and completion of legal formalities.”
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Frequently Asked Questions (FAQs)
1. Can an NRI sell property in India using a Power of Attorney?
Yes, provided the PoA is properly drafted, attested abroad, and adjudicated in India.
2. Is registration of PoA necessary in India?
Yes, adjudication at the Sub-Registrar’s Office is mandatory for the PoA to be valid in real estate transactions.
3.How long is a Power of Attorney valid?
A: It depends on the wording of the document. It can be time-bound or valid until explicitly revoked.
4.Can the same PoA be used for multiple properties?
Only if it is a General PoA. A Special PoA is usually valid for a specific transaction or property.
Download Your Free PoA Template
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Conclusion
Giving a Power of Attorney is a safe and legally recognized method for NRIs to manage property transactions in India without being physically present. Just ensure:
- Proper attestation abroad
- Timely adjudication in India
- Clearly defined powers and scope
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