Can NRIs Appoint a Relative as Power of Attorney to Manage Property in India?
ET Wealth Reader's Query: Our daughter-in-law, an NRI in the USA, jointly owns a residential property in Mumbai with her sister, also an NRI based in the US. The property is currently under redevelopment. As both are unable to travel to India to complete the legal formalities, they wish to appoint their maternal uncle as their power of attorney (PoA) holder for all related tasks. Their parents are deceased and there are no other siblings. Can their maternal uncle represent them legally even though he is not an immediate blood relative? Please advise.
Vikash Jain, Co-founder, Share Samadhan: Both the sisters are well within their rights to appoint their maternal uncle as their respective power of attorney holder for this purpose. However, as the property is undergoing redevelopment, the sisters must also apply for its mutation before the concerned authority to have their names registered against the property under redevelopment.
Another reader has a similar query regarding ancestral land in Karnataka. They have ancestral land in Karnataka, and their brother’s name is included in the 7/12 extract. The brother now wants to remove his name and transfer his share to the reader. Both live in Mumbai, and the brother is unable to travel to Karnataka to complete the process. An agent informed them that a power of attorney is not accepted in the state for this purpose. What alternative method is available to remove his name from the 7/12 extract and transfer his share to the reader?
Rajat Dutta, Founder & Initiator, Inheritance Needs Services: Your brother’s share can be transferred to you during his lifetime, either through a sale deed (with consideration) or a gift deed. As your brother is unable to travel to Karnataka, he must register a duly stamped power of attorney (PoA) in your favour at the sub-registrar’s office in Mumbai. Under the Registration Act, 1908, the Karnataka Stamp Act, and the Registration (Karnataka Amendment) Bill, 2025, a registered POA can be used to authorise the transfer of immovable property.
As the constituted attorney/agent/POA holder, the onus is on you to prove the validity of the POA, your authority to act, and the fact that your brother was alive on the date of signing the sale deed. For transfer of ownership, a registered sale deed is mandatory and reliance on POA as a document of authority is acceptable.
In both scenarios, it is crucial to ensure that all legal formalities are correctly followed to avoid any future complications. Consulting with a legal expert or a property lawyer can provide additional clarity and guidance. Our panel of experts will continue to answer questions related to any aspect of personal finance. If you have a query, mail it to us right away. Email ID: [email protected]
