Can you give power of attorney to sell a house in India?
Asked by: Bridget Graham | Last update: November 5, 2025Score: 4.5/5 (27 votes)
Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.
Can I give power of attorney to sell property in India?
The Powers of Attorney Act, 1882, governs the creation and execution of POAs in India. According to this act, a POA for Sale of Property must be executed on non-judicial stamp paper of appropriate value. The stamp duty for a POA varies from state to state in India.
Can a power of attorney sell a house to themselves?
Can a Power of Attorney Sell Property to Himself/Herself? Unless a power of attorney specifically grants an agent the authority to sell property to themselves, it generally would be considered self-dealing for them to do so.
What are the rules for an NRI to sell property in India?
An NRI or OCI who has acquired immovable property in India in accordance with the foreign exchange laws in force at that time can sell such property to an Indian resident, provided: The transaction takes place through banking channels in India; and. Indian resident is not otherwise prohibited from such acquisition.
Can I give power of attorney to someone in India?
For a PoA to be valid, it must be executed before a public notary. Some states in India require you to register the PoA, depending on its nature or purpose. The laws of the relevant country for execution would apply.
Supreme Court : Will Or General Power Of Attorney GPA Cannot Confer Title In Immovable Property
Can you give power of attorney to India from USA?
Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.
What are the limitations of power of attorney in India?
The POA cannot act outside of the Principal's best interest. The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind.
How to sell a property in India from the USA?
- Find a Buyer. Advertise your property through real estate agents or online platforms. ...
- Prepare Property Documents. ...
- Appoint a Representative (Power of Attorney) ...
- Negotiate and Finalise the Sale Agreement. ...
- Tax Deducted at Source (TDS) ...
- Repatriation of Sale Proceeds.
Can US citizens inherit property in India?
Yes, foreign citizens can inherit property in india. Though they have no right to acquire land meant for farming purposes directly; such people are allowed to do so through inheritance procedures. But then there might be limitations imposed on selling this type of property.
How to avoid tax on property sale in India?
- Joint Ownership. ...
- Reducing Selling Expenses. ...
- Holding Period. ...
- Availing Indexation Benefit. ...
- Buying a New Property (Exemption under Sec 54) ...
- Buying a New Residential Property (Exemption under Sec 54F) ...
- Tax Loss Harvesting. ...
- Investing in Bonds (Exemption under Sec 54EC)
Can power of attorney take all the money?
Someone who is designated as your agent in a power of attorney has a fiduciary duty to you. That means they cannot make financial decisions or take actions with your money or accounts that aren't in your best interest. They are supposed to be careful not to waste or lose your money.
Can a POA withdraw money from a bank account?
Through the use of a valid Power of Attorney, an Agent can sign checks for the Principal, withdraw and deposit funds from the Principal's financial accounts, change or create beneficiary designations for financial assets, and perform many other financial transactions.
How long is NRI POA valid in India?
The validity of Non-resident Indians' (NRIs) Power of Attorney remains for the entire lifetime if not explicitly cancelled by the principal or through the operation of law.
How much does a power of attorney cost in India?
Power of Attorney /Special Power of Attorney : Rs. 1000/- per instrument plus Rs. 100/- for pasting fee.
Do I need a lawyer to sell my house in India?
Selling a home in India involves several legal intricacies that can easily overwhelm an unprepared homeowner. Given the complexity of property laws, the potential for disputes, and the significant financial transactions involved, having a legal expert on your side is crucial.
Can I sell my house in India and bring money to USA?
NRIs are allowed to repatriate or bring their sale proceeds of property sold in India to the US. However, the limit to the amount brought from India is $1 million per calendar year, including all other capital account transactions.
Can OCI inherit property in India?
OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.
Is inheritance in India taxable in USA?
You are not subjected to inheritance or estate tax in America; if you are a U.S. resident or Green Card owner and have inherited assets or property in India, you are not subjected to inheritance or estate tax in America. However, it is mandatory to comply with the requirements and report it to the U.S. government.
How to get power of attorney to sell property in India from USA?
- Step 1: Appointing an Attorney. ...
- Step 2: Drafting the Power of Attorney (POA) Document. ...
- Step 3: Notarization and Apostille. ...
- Step 4: Attestation by Indian Consulate/Embassy. ...
- Step 5: Legalization.
What happens when a US citizen sells property in India?
Selling a property in India while living in the US can have tax implications on the capital gains. You need to be aware of the following before you sell your property: The buyer of your property will deduct a certain percentage of the sale price and pay it to the Income Tax Department in India on your behalf.
Do I need to pay tax if I sell my house in India?
But there is something which needs your attention, selling off property is liable for tax payment in India. The tax is paid on the sale of all property types except agricultural land. The property seller has to pay two types of taxes while receiving any income from the sale of immovable property.
Is US power of attorney valid in India?
A Power of Attorney is a legal document that lets someone (the “agent” or “attorney-in-fact”) act on behalf of another person (the “principal”) in specific matters. If you want someone to manage your property, handle finances, or represent you in legal matters, a POA from USA to India allows them to do so.
What are the negatives of a power of attorney?
A Power of Attorney Could Leave You Vulnerable to Abuse
The agent you select has a fiduciary duty to act in your best interests, but there is essentially limited or no oversight unless it becomes clear that the agent is abusing his or her authority and legal action is taken.
Can a power of attorney sell property and keep money?
Financial Power of Attorney
A financial POA grants the agent the authority to manage the principal's finances. If the POA document grants the agent the power to sell property, then they can legally do so. The scope of the agent's power is subject to the specific terms of the POA document.