Can NRI sell property through power of attorney?

A resident Indian buyer should AVOID property transaction through Power of Attorney holder of an NRI. The best case scenario is the presence of an NRI seller in India for execution of sale deed. In short, the purpose/reason for the execution of a power of attorney should be clearly mentioned in the Power of Attorney.

Can a person with power of attorney sell property in India?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can sale deed be executed by power of attorney holder?

A power of attorney is not a valid instrument to transfer property titles when buying or selling a property. To transfer property titles, a sale deed must be completed, after which the buyer must pay stamp duty and registration fees.

Can property be sold on power of attorney?

If the deed of power of attorney grants power to sell the property of the principal and to execute and register necessary documents in that regard, such a sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).

Can I sell a property if I have Power of Attorney?

When it comes to buying or selling a property Power of Attorney is not a valid instrument to transfer property titles. A sale deed must be carried out for transferring property titles, following which the buyer has to pay stamp duty and registration charges.

Can Power of Attorney holder sell property to himself?

If the Power of Attorney holder is following all the legal procedures then he cannot be barred by law from selling the property to himself. If the passing of consideration is not disputed then the sale deed executed by the Power of Attorney to himself as a buyer is completely legal.

Can a power of attorney holder transfer property in his own name?

You can transfer the property as power holder to your self.It is Legal. Nothing is wrong and nothing is illegal. In view of this there is nothing wrong in executing the sale deed in your favour if POA authorises you to sell the property , the tranction is perfectly legal.