Do NRIs need a Power of Attorney to sell property in India?

Answered by

A Agarwalla & Co.

Published At June 26, 2024

Answer

Power of Attorney (POA) for NRI may be needed to sell property in India, especially if they cannot be physically present to handle the transactions themselves. The POA is a legal document that authorizes another person, such as a family member, friend or lawyer, to act on behalf of the NRI.

Executing a POA involves several steps and legal considerations. First, the POA must be drafted, specifying the powers granted to the agent, including the authority to negotiate and finalize the sale, sign documents and complete the transaction. It’s crucial that the POA clearly states its scope to avoid any legal ambiguities or misuse​​.

Once drafted, the POA should ideally be notarized and, depending on the jurisdiction and the level of legal assurance required, registered with a Sub-Registrar in India​​..

Therefore, while a POA is not mandatory for selling property in India, it is highly beneficial for NRIs who need to manage property sales from abroad. It ensures that someone in India can legally and efficiently handle all aspects of the sale on their behalf, mitigating the challenges posed by geographical distances​.