For many Non-Resident Indians, a family home, a plot or agricultural land in India is both an asset and a responsibility. Managing it from abroad is far easier with a well-drafted Power of Attorney (PoA) and a trusted representative on the ground.
General or special?
A general PoA authorises the agent to handle a range of matters, while a special PoA is limited to a specific purpose — such as selling a particular property or appearing in a particular case. For property transactions, a special PoA with clearly defined powers is usually the safer choice.
Executing a PoA abroad
A PoA signed outside India is generally attested at the Indian Embassy or Consulate, or notarised and apostilled in countries that are party to the Hague Convention. Once it reaches India, it usually needs to be adjudicated and stamped within three months of receipt. Depending on its purpose and the State concerned, registration may also be required.
What a PoA cannot do
The Supreme Court has held that a General Power of Attorney, an agreement to sell or a will does not by itself transfer ownership of immovable property. Title passes through a registered conveyance, such as a sale deed — which your attorney can execute on your behalf if the PoA authorises it.
Precautions worth taking
- Choose your attorney carefully and define the powers precisely.
- Keep certified copies of title documents and revenue records.
- Ask for periodic updates, receipts and copies of everything signed on your behalf.
- Revoke the PoA formally, and inform the relevant authorities, once its purpose is served.
Common disputes we see
Illegal occupation, tenants refusing to vacate, disputes among co-heirs and unauthorised sales are among the most frequent problems faced by NRIs. Acting early — with a title check, a legal notice or an injunction where needed — often prevents a small issue from becoming a long dispute.
This article is for general information only and is not legal advice. For advice on your situation, please speak to an advocate.
Articles are for general information only and are not legal advice.
