Power of Attorney for NRIs Buying in Maharashtra
A power of attorney is how most NRI purchases actually get completed, because registration in Maharashtra requires someone to be physically present and flying in for it is often impractical. It is also the document with the most potential to go wrong — both procedurally, if it is not executed correctly, and practically, if it grants more authority than the situation requires.
When does an NRI need a power of attorney?
Whenever someone in India needs to act on your behalf — most commonly to appear for registration of the agreement, but also for related steps like completing documentation or dealing with the developer.
You do not need one if you can be present yourself for registration, and being present is genuinely preferable where it is feasible. A power of attorney is a solution to a logistical problem, not an upgrade.
Where it is needed, get it drafted for the specific transaction rather than using a general template, and have it reviewed by your Indian lawyer before you execute it abroad.
How is a power of attorney executed from abroad?
The usual routes are execution before an Indian consulate or mission in your country of residence, or execution before a local notary followed by apostille or attestation depending on whether that country is party to the relevant convention.
Once it reaches India, a power of attorney relating to immovable property generally needs to be properly stamped, and depending on the powers granted may also need to be registered. There are time limits associated with stamping after receipt in India.
Because those requirements are procedural and unforgiving, have your Indian lawyer confirm the exact route and the stamping and registration steps before you execute anything. A defectively executed power of attorney is discovered at the registration office, which is the worst possible moment.
What should the power of attorney actually authorise?
The narrowest set of powers that gets the transaction done, for a defined property and a defined purpose, with a clear end point.
- Name the specific property and the specific transaction rather than granting general authority over your affairs.
- Limit the powers to what is genuinely needed — appearing for registration is different from authority to sell.
- Include a validity period or a clear basis on which it ends.
- Never grant a power to sell when you only need a power to complete a purchase.
- Keep the original and certified copies, and know how to revoke it if circumstances change.
Who should you appoint as your attorney?
Someone you would trust with the money itself, because in practical terms that is what you are doing — usually a close family member rather than a professional intermediary or someone connected to the seller.
Never appoint anyone connected to the developer, the broker or the seller. The conflict is obvious and the consequences are difficult to reverse once documents have been signed.
If you have no suitable family member available, discuss the alternatives with your own lawyer rather than accepting a convenient suggestion from the sales side of the transaction.
What are the risks of a badly drafted power of attorney?
At best, rejection at the registration office and a delayed transaction. At worst, a document that grants authority you never intended over an asset you cannot easily monitor from abroad.
Broad general powers, no validity period, and an attorney with divided loyalties are the combination that causes genuine harm. Each is easy to avoid at drafting stage and difficult to fix afterwards.
Treat this as a legal document requiring proper advice rather than a form to be filled in. The FEMA guide and the NRI buying guide cover the rest of the compliance picture around an NRI purchase.
