Power of attorney for a seller abroad: what it can do, what it cannot, and whether you need one at all

Updated 1 November 2026 · Ashutosh Bhogra

You may not need one

Most owners who live abroad fly to Delhi to sign the sale deed. Many buyers prefer it. A buyer paying ₹15 crore likes to see the person whose name is on the deed sign it, and his lawyer likes it more. If you can come for a week, come. One visit is enough to close, if the papers were fixed first and the agreement is already signed.

Everything before the sale deed can be done without you in the room: fixing the title, pricing, finding the buyer, agreeing the agreement to sell, applying for the lower-tax certificate. The agreement to sell can be signed by you abroad and couriered, or by your power of attorney holder, whichever the buyer prefers.

If you cannot come

A power of attorney lets someone in Delhi — a brother, a son, a trusted friend — sign for you. Two rules that do not bend:

1. The holder signs for you. The holder is not you. The buyer's money goes to your bank account, never to the holder's. Any arrangement where the money goes elsewhere is a reason for a buyer to walk away, and a good buyer will.
2. A power of attorney signed abroad is stamped in Delhi, not registered. You sign it in front of the Indian consulate, or a notary where you live, send it to Delhi, and the holder has it stamped at the Collector of Stamps. A few days. It is not registered the way a sale deed is.

What to put in it

A specific power of attorney for this one property, not a general one. Name the property by address, the holder by name, and what the holder can do: sign the agreement to sell, receive the earnest money into your account, sign the sale deed, appear at the registrar, hand over possession and the originals. Nothing more.

A general power of attorney that lets the holder do anything with everything you own is a document you do not want in circulation. If you have given one in the past, find out where it is.

What the holder does, step by step

• Hands copies of the chain of papers to the buyer's lawyer, and shows the originals when asked.
• Signs the agreement to sell, if you have not signed it yourself.
• Collects the tax certificate from the buyer after each payment.
• Signs the sale deed at the registrar's office, with two witnesses, and presents the stamped power of attorney.
• Hands over possession, keys and originals, against the final payment into your account.

The holder should be someone who can take a morning off at short notice, more than once. Registrar appointments move.

What it cannot do

It cannot fix a bad title. If a deed in the chain is missing, or the family's no-objection is not registered, or the land share is not written, the holder cannot sign that away. Fix the papers first, from wherever you are, then decide about the power of attorney.

It does not change the tax. The buyer still holds back tax from the price at 13 to 14.95 per cent, or at the rate on your lower-deduction certificate (Form 128, formerly Form 13), which usually takes three to four weeks.

When the holder is also a buyer

Sometimes a family member holds the power of attorney and also wants to buy the floor. That is allowed, but the money still goes to your account, the price is still the market price, and the buyer's lawyer will look at it twice. Say so openly, in the document and in the agreement.

Ending it

A power of attorney given for one sale ends when the sale deed is registered. If the sale falls through, cancel it in writing and tell the holder. A power of attorney that outlives its purpose is the most common way an owner abroad loses control of a property.

Selling from abroad? Read selling an NRI property, or see what is on the market in South Delhi.