MumbaiNRIDocs & Legal

I'm based in the UAE and want to buy a flat in Mumbai. Can I use a Power of Attorney instead of traveling to India?

TL;DRYes — but registration and attestation of the PoA is critical. Shortcuts here create title defects.
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Sameer Patel
RERA A51900067890 · Mumbai · 15 November 2024
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Yes, you can use a Power of Attorney (PoA) — and most NRI transactions use one. But the execution must be correct or it's worthless.

How to do it right:

  1. Draft the PoA carefully. It should be specific — authorising the agent to buy a specific property (or a type), execute sale agreement, register, pay stamp duty, take loans. General PoAs are weak.
  1. Attestation at Indian Embassy/Consulate. You (the principal) must sign the PoA in the presence of an Indian Embassy or Consulate officer in the UAE. They will attest it. Without this, Indian courts/sub-registrar will reject it.
  1. Adjudication in India. Once the attested PoA arrives in India, it must be adjudicated (stamped) at the District Registrar office within 3 months of execution. Stamp duty is minimal.
  1. Choose your PoA holder wisely. A trusted family member OR your broker (who must be RERA-registered) can be the PoA holder. Many frauds happen through improper PoA — vet the person.

For the sale registration: Registration must happen in person at the Sub-Registrar's office. Either you travel for this, or the PoA holder attends. Both are valid.

One caveat: Some banks require the borrower to personally sign loan documents. If you're taking a home loan, confirm with the lender whether PoA holder signatures are accepted.

A RERA-registered NRI-specialist broker in Mumbai will have done this dozens of times — use one.

Need more help with this topic?→ Open NRI Corner
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