NRI Power of Attorney (POA) Guide 2026: Format & Safety Checklist

The Direct Answer
A Specific Power of Attorney (SPA) is safer than a General Power of Attorney (GPA). Use an SPA to authorize a specific transaction (like "selling Flat 302") rather than handing over control of all your assets. The POA must be notarized in your country of residence and then adjudicated in India (stamped by the district registrar) within 90 days of arrival to be legally valid for property registration.
The Safety Rule
Never give a "Sale GPA" to a broker or builder. Only give it to a trusted BLOOD RELATIVE. If you must give it to a third party, strictly limit the powers to "representation only" (signing forms) and explicitly exclude "receipt of payment."
3 Steps to Execute a POA from Abroad
1. Draft the Deed
Do not use a generic template. Have an Indian lawyer draft it.
- Must include: Full details of the property (Schedule of Property).
- Must specify: Exact acts allowed (presenting for registration, admitting execution).
- Identity: Passport details of you (Grantor) and the Attorney (Holder).
2. Notarization / Attestation
- Option A (Indian Embassy/Consulate): Visit the Indian Embassy in your city. Sign it before the Consular Officer. This is the most accepted method.
- Option B (Public Notary): In countries like the USA/UK, you can get it notarized by a local notary, but you must then get it Apostilled for it to be valid in India (since India is a member of the Hague Convention).
3. Adjudication in India
This is where most NRIs fail.
- Courier the original document to your POA holder in India.
- They must take it to the District Registrar's Office (where the property is) within 90 days of the document reaching India (keep the courier receipt!).
- Pay the stamp duty (varies by state, e.g., ₹500 in some, more in others).
- The Registrar stamps it "Adjudicated." Now it is valid.
Specific vs. General POA
| Feature | General POA (GPA) | Specific POA (SPA) |
|---|---|---|
| Scope | Broad. "Do anything on my behalf." | Narrow. "Sell X property only." |
| Risk | High. Holder can sell any asset. | Low. Limited to one task. |
| Revocability | Can be revoked (unless "for consideration"). | Automatically ends after task completion. |
| Best For | Parents managing multiple properties. | Buying/Selling a specific unit. |
FAQ
Can my POA holder receive the sale money in their account?
NO. Under FEMA and Income Tax rules, the sale consideration must legally flow directly from the Buyer's account to the NRI Seller's NRO/NRE account. The POA holder cannot accept the money in their name. This is a massive compliance red flag.

Kanav Arora
Real Estate Investor
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