NRI Power of Attorney to Sell Property in India: Format, Embassy Attestation and Registration
The problem
You live abroad. You want to sell, buy or manage a property in Bengaluru. You cannot travel for every step. You need someone in India to act for you.
Example: An NRI in the US wants to sell her flat in Bengaluru. Her brother lives in Bengaluru. She wants him to sign the sale deed for her.
What the law says
A power of attorney (POA) lets another person act for you. For property, the person you appoint can sign and register the sale deed for you, if the POA clearly gives that power.
A POA does not itself sell the property. In Suraj Lamp & Industries v. State of Haryana (2011), the Supreme Court said that property passes only through a registered sale deed. A sale by “GPA and agreement” is not a valid sale.
What you can do – step by step
- Choose a specific POA. Name the property, its survey or khata number, and the exact acts allowed, such as signing the sale deed and receiving the price. Avoid a wide general POA.
- Get the draft checked in Bengaluru first. Sub-Registrars expect certain wording and details. A wrong format can mean signing again.
- Sign it abroad in the right way. You can sign before the Indian embassy or consulate. In countries that are members of the Hague Apostille Convention, you can instead sign before a local notary and get an apostille. Check which route your country and the Sub-Registrar accept.
- Attach photos and ID. Usually your photograph, passport copy and two witnesses are needed.
- Pay stamp duty in Karnataka. Under the Karnataka Stamp Act, 1957, a document signed outside India must be stamped within three months after it first reaches India. The District Registrar adjudicates the duty.
- Use it at the Sub-Registrar office. Your attorney presents the POA and signs the sale deed in your name.
Documents to keep
- Signed original POA with the embassy attestation or apostille
- Passport and visa copies, OCI card if any
- Title documents of the property
- Stamp duty receipt or adjudication endorsement
Mistakes to avoid
- Giving a general POA with unlimited powers. It is easy to misuse.
- Sending a POA by courier without stamping it in time. A late document attracts penalty.
- Forgetting to revoke it. A POA ends on revocation or the death of the person who gave it. Revoke it in writing when the work is done, and inform the Sub-Registrar.
Contact
To speak to an advocate, call +91 63660 42792, WhatsApp the same number, or email contact@baselegal.in. You can also send us a message. Read more about our NRI Legal Services practice.
This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.