Your Indian property. Managed lawfully from anywhere.

1. Find the property records and present status

Begin with the latest title deed and work backwards through the ownership chain. Search registration extracts, encumbrance data where available, revenue or mutation entries, municipal tax records, society records, sanctioned plans, occupancy/completion records, mortgage releases and court databases. Inherited property may require death certificates, wills, probate, succession or legal-heir material and family-tree evidence. A physical inspection should confirm possession, boundaries, occupants and construction status.

• Use exact survey, block, CTS, city-survey, khata or registration identifiers
• Compare the owner's current passport name with the title documents
• Check for loans, attachments, acquisition, tenancy, family claims and unpaid dues
• Obtain certified copies instead of relying only on WhatsApp scans
• Do not advertise a sale until authority and title gaps are understood

2. Decide whether you need a POA—and how narrow it should be

Some searches can be conducted online or through a lawyer without transferring broad authority. Where a representative must apply, inspect, sign or appear, use a Special POA that lists the exact property and acts. Consider one investigation/management POA first and a separate sale POA only after title, price and purchaser are known. Avoid a blanket General POA when the real task is limited.

3. Draft the POA for the Indian destination before signing abroad

The draft should identify the principal, attorney and property exactly; state the purpose; list each permitted office and document; regulate negotiation, possession, payment and original-document custody; address delegation and conflicts; and provide an expiry or completion event. Send the unsigned draft to counsel or the receiving Sub-Registrar in the Indian state. Fixing a rejected POA after international notarisation and courier is slow and expensive.

• Attach or reproduce a complete schedule of the property
• State whether the attorney may sign an agreement to sell and the final deed
• State whether the attorney can receive money—and into which account
• Prohibit self-dealing, gifts, mortgages and sub-delegation unless intended
• Require accounting, return of originals and automatic expiry

4. Complete the country-of-residence execution route

Section 33 of the Registration Act recognises, for a principal who does not reside in India, a POA executed before and authenticated by specified authorities including a Notary Public, court/judge/magistrate, Indian Consul or Vice-Consul, or authorised Central Government representative. The operational route still varies by country, Indian mission, nationality/status and receiving registrar. Hague Convention countries may use an apostille; Indian missions also publish consular-attestation procedures. Always follow the current official checklist and do not sign before the required witness.

• USA: check the mission serving the owner's state and its current VFS checklist
• UK: HCI property/financial POA guidance generally uses personal appearance and witnesses
• Canada: apostille route applies after Canada's Convention entry on 11 January 2024
• Australia: confirm DFAT apostille versus mission/VFS route with the Indian receiving authority
• New Zealand: Wellington publishes distinct in-person and notarised/apostilled postal routes

5. Stamp, adjudicate and register the foreign POA in India

The wet-signed original should travel with every notarial, apostille or consular attachment intact. In India, review it under the destination state's stamp law and registration practice. Stamp duty amount, adjudication process, time limits, family concessions and registration requirements differ. The attorney should not attempt the final transaction until the POA is accepted in the form the Sub-Registrar requires.

6. Use the correct deed to complete the transfer

The Supreme Court's Suraj Lamp line of authority makes the distinction clear: a POA is not a conveyance of title. The attorney may execute the registered sale deed, gift deed, release deed, partition deed or other operative document for the principal if the power is valid and sufficient. The final document must carry the transaction, consideration, stamp duty, registration and possession terms.

• Verify the buyer/transferee and final commercial terms
• Check the original POA has not expired or been revoked
• Use traceable bank payments and prohibit cash
• Record possession and original-document handover
• Complete mutation/society/municipal updates after registration

7. Handle rent, maintenance and disputes without losing control

A rental-management SPA can authorise a representative to advertise, verify tenants, sign a lease or leave-and-license, receive deposits, arrange repairs and appear before an authority. Require rent to a named account, a maximum lease term, periodic statements and owner approval for material concessions. For encroachment or disputes, grant litigation authority only after counsel identifies the forum and required acts.

8. Plan NRI tax, TDS and repatriation before closing

A buyer paying a non-resident seller has Indian tax-deduction responsibilities. Because the Income Tax Act, 2025 applies from 1 April 2026, do not rely on pages that quote only old section numbers or a single universal percentage. Obtain a transaction-date computation and evaluate any lower/nil deduction certificate procedure. If funds will be remitted abroad, coordinate the deed, PAN, bank account, tax evidence and remittance forms before closing.

9. Close the authority after the work is done

Collect the registered deed, receipts, tax records, possession memo, keys and originals. Require a written account from the attorney. If the POA does not automatically expire, execute and communicate a formal revocation, recover the original, and notify relevant banks, brokers, occupants, counterparties and offices. Control is not complete until the authority and documents are closed out.