Power of Attorney for NRIs: Renting, Managing or Selling Property

Prefer

Special POA for a defined task

Abroad

Notarise + apostille, or attest at Indian mission

In India

Stamp within 3 months; register for sale

General vs special POA

A special POA covers named acts (for example, sign and register a rent agreement for one property). A general POA covers wide powers. For property, a specific POA limited to the property and the task is safer and is what most registrars and banks expect.

Executing the POA abroad

• Countries in the Hague Apostille Convention (USA, UK, Canada, Australia, Singapore, Saudi Arabia, Oman, Germany, New Zealand): sign before a local notary, then get an apostille from the competent authority.
• Countries not in the convention (UAE, Qatar, Kuwait): sign and get the POA attested at the Indian Embassy or Consulate.
• Some offices or banks may still ask for Indian-mission attestation; check with the office that will use the POA.

In India: stamping and registration

A power of attorney executed abroad must be stamped (adjudicated) in India within three months of being received in India, and a POA that authorises sale of immovable property must be registered before the Sub-Registrar.

Stamp duty on a POA is set by each state and is higher when it authorises a sale to someone outside the family. Your advocate will confirm the amount.

What to put in a property POA

• Full property description and address.
• Exact powers: rent out, sign agreements, deal with society and authorities, pay taxes, or sell.
• Whether the attorney can receive money (usually avoid for rent; rent should go to your NRO account).
• Validity period and right to revoke.