What a power of attorney does
A POA authorises someone you trust, usually a family member, to sign and register documents for you. For property, use a specific POA that names the property and the actions allowed, rather than a broad general POA.
Executing the POA in the United States
- Draft the POA in the format your Indian lawyer or the developer recommends
- Sign it before a US notary public
- Get it apostilled by the Secretary of State of the state where it was notarised (the US and India are both members of the Hague Apostille Convention), or attested at an Indian consulate
- Courier the original to your attorney in India
Once the POA reaches India
The POA usually has to be stamped (adjudicated) at the local stamp office within three months of arriving in India. Your attorney can then sign the agreement for sale and register documents at the sub-registrar's office. Requirements vary by state, so check with the developer's legal team before you send it.
What you can still do yourself from the US
- Choose your unit after a live video walkthrough
- Sign booking forms and the allotment letter digitally or by courier
- Make every payment from your own NRE or NRO account
- Track construction updates and RERA filings online
FAQs
Can my parents in India register the property for me?
Yes, if you give them a specific power of attorney that covers registration of that property.
Do I need to visit India at all?
Not necessarily. Many NRIs complete the purchase with video walkthroughs and a POA, and visit only at possession.
Can I cancel a POA later?
Yes. A POA can be revoked through a registered revocation deed, and you should notify the developer and sub-registrar.
This guide is general information, not legal or tax advice. Rules change; confirm the details with a chartered accountant or lawyer before you act.
Westcliff Realty