How to get power of attorney for NRI to sell property in India?
Asked by: Makenzie Hoeger | Last update: August 27, 2025Score: 5/5 (74 votes)
NRIs can execute a Power of Attorney in India by visiting the Sub-Registrar's office, drafting the POA on non-judicial stamp paper of Rs 100 value, and having it signed by two legal representatives and witnesses. It takes about 4-5 days for the POA to be finalized.
Can NRI give power of attorney to sell property in India?
NRIs use Power of Attorney ('POA') as an instrument to appoint an agent/attorney to help them sell their properties in India.
How do I give power of attorney to someone from USA to India?
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 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.
How can I register my NRI power of attorney in India?
- Step 1: Preparing documents. Having the correct documents is essential when creating any legal binding document, especially an Indian POA. ...
- Step 2: Drafting the POA. ...
- Step 3: Attestation. ...
- Step 4: Registration. ...
- Step 5: Stamp Duty.
Does Power of Attorney allow NRIs to buy or sell property in India | Aashna Singh
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.
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.
Can NRI sell property in India without an OCI card?
Passport: An NRI, who want to sell a property in India, should hold a passport; not necessarily an Indian passport. This will serve as the identity proof of the person, involved in the transaction. For an Overseas Citizen of India (OCI) and a Person of Indian Origin (PIO), a passport serves the same purpose.
How to avoid TDS on sale of property by NRI online?
- Apply in Form 13: Submit Form 13 to the Income Tax Department to request a lower deduction certificate.
- Assess Tax Liability: The income tax officer assesses the NRI's tax liability and issues the certificate at the applicable lower TDS rate.
How can I get Power of Attorney outside India?
Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you. Get the deed attested by the Indian embassy or consulate in that country. Any Notary from there can also attest it. The person making the deed, the Grantor, should sign the deed in all pages.
How do I get Power of Attorney in USA?
- Decide what type of POA to establish. ...
- Choose between durable and limited power of attorney. ...
- Determine what type of authority you want to give your agent. ...
- Complete the POA form. ...
- Copy and store power of attorney forms.
Can OCI get Power of Attorney in India?
What documents are required to make a Power of Attorney as an OCI in India? Ans2. Generally, you'll need valid identification documents, such as your OCI card, passport, and proof of address, along with the details of the appointed attorney.
Can I give Power of Attorney from USA to 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.
Can NRI sell inherited property in India?
Selling Inherited Property
NRIs can sell inherited property to an Indian resident without RBI permission, but selling to a non-resident requires RBI approval. Capital gains tax may apply based on the property's purchase date.
What is the procedure for giving a Power of Attorney for a property in India?
- Step 1: Notarization. First up, get the POA notarized. A notary public will verify the document and the identities of the parties involved.
- Step 2: Witnesses in Place. You'll need two witnesses present during the execution. ...
- Step 3: Activation. The final step is the activation.
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 a US citizen 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.
What are the rules for NRI selling property in India?
The new house property must be situated in India and should not be sold within three years of its purchase or construction. The NRI should not own more than one house property apart from the new house and should not purchase or construct any other residential house within two or three years, respectively.
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.
Does NRI need Aadhaar card to sell property in India?
Do NRIs need Aadhar to sell their property? No, an Aadhaar card is not required to sell the 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 I make a power of attorney online in India?
With WillJini, you can create a Power of Attorney online seamlessly. - There are different types of Power of Attorneys tailored to your specific needs.
What are the four types of power of attorney?
A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.
How to get power of attorney in Tamilnadu?
Witnesses: Sign the POA in the presence of two witnesses. Documents: Attach passport-size photos and ID proofs of the Principal and Agent. Submission: Submit the POA with all documents for registration. Collection: Collect the registered POA document from the Sub-Registrar's office.