Easiest Way to Transfer a Property in India by a Non-Resident Indian (NRI) without coming to India
A Non-Resident Indian (NRI) can easily transfer his/her share of property i.e. both movable and immovable property without visiting India. The same can be easily done by way of executing a “Special Power of Attorney (SPA)” in favour of a third person to whom the Non-Resident Indian (NRI) can entrust the job and responsibility to act as the authorised Agent and/or the Attorney holder and enable the transfer of the property in India.
The Special Power of Attorney should essentially carry the following clauses which the Non-Resident Indian (NRI) should enumerate in favour of the Attorney holder i.e.
- To sign and execute documents as and when required for Sale Deed /Transfer Deed/Conveyance Deed/Relinquishment Deed/Release Deed and such incidental deeds, amendments, rectifications, supplementary deeds of the said Property and to present the documents and also to represent me in the office of Registrar/Sub-Registrar and/or concerned authority for registration, mutation of the said Property for said purposes.
- To handover actual physical possession of the share of the Non-Resident Indian (NRI) in the said Property to the prospective purchaser (if any) at site and to receive Sale consideration on behalf of the Non-Resident Indian (NRI).
- To sign, verify and submit any application, affidavit, undertaking etc., which may be required in respect of the said Property, for the purposes of registration mentioned hereinabove.
- To purchase Stamp Paper in the name of the Non-Resident Indian (NRI) from the concerned office/authority.
- To do all such acts, deeds, matters and things as the Attorney deems fit, proper and necessary in respect of the said Property and/or incidental for the powers mentioned hereinabove or connected therewith.
The Special Power of Attorney (SPA) has to be apostilled in the country where the Non-Resident Indian (NRI) is residing and has to be verified by the officials of the Indian Embassy. Further, it has to be executed in the presence of two witnesses. The easiest way to transfer a property in India by a Non-Resident Indian (NRI) without coming/visiting India is by executing a document i.e. Special Power of Attorney (SPA) in favour of an authorised person. This Special Power of Attorney (SPA) saves all the hassles of travel and is a legal document which is legally enforceable by the Courts of law in India. The same is a valid document which is admissible before the Sub-Registrar’s Office in order to enable the transfer of a property.
Authored By: Adv. Anant Sharma