Yes, it is permissible to purchase a property in India where one of the co-owners resides abroad and has issued a Power of Attorney (PoA) in favor of the co-owner residing in India to complete the sale.
However, specific legal verifications and documentation are crucial to ensure the transaction is legitimate and enforceable.
DOCUMENTS REQUIRED FROM THE SELLERS
To proceed with the transaction, ensure you collect and verify the following documents:
- Registered Sale Deed
Establishes ownership and whether the property is self-acquired, mortgaged, or inherited. - Parent Deed
Traces the chain of title and confirms the origin of ownership. - Latest Property Tax Receipts
Confirms that there are no pending tax dues. - e-Khata Certificate and Extract
Reflects the current ownership and property details in Municipality records. - Encumbrance Certificate (EC)
Verifies that the property is free from legal or financial encumbrances. - Discharge or Reconveyance Deed (if the property was under mortgage)
Issued by the bank to confirm that the home loan has been fully repaid and the mortgage is released. - Power of Attorney (PoA)
- Must be attested by consulate or notary public in the foreign country where the NRI resides.
- Must be adjudicated in India (i.e., stamped at the Registrar's office).
- Family Tree Certificate (if the property is ancestral)
Issued by the Revenue Department to confirm the legal heirs and ownership claims.
- PAN Cards of All Sellers
Mandatory for TDS deduction and legal compliance.
LEGAL DUE DILIGENCE
Before proceeding with the purchase:
- Conduct title verification through a qualified property lawyer.
- Confirm the authenticity and validity of the PoA.
- Ensure that the property is free from encumbrances and disputes.
NEED PROFESSIONAL ASSISTANCE?
We provide end-to-end support for property transactions involving NRIs and Power of Attorney arrangements.
- Email: pgnproperties@gmail.com
- WhatsApp: +91-97424 79020