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Kaagazaat

Special Power of Attorney for NRI to Sell One Property

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Also called

  • NRI SPA for property sale
  • special power of attorney for sale of property
  • vishesh mukhtarnama jaidad vechne layi
  • ਵਿਸ਼ੇਸ਼ ਮੁਖ਼ਤਾਰਨਾਮਾ
  • single property sale power of attorney
  • limited power of attorney for NRI property sale

When you need it

You live outside India and want to authorise someone in Punjab or Chandigarh to sell ONE specific, named property on your behalf — sign the sale deed, receive consideration into your own account, appear before the Sub-Registrar, and handle mutation — without giving that person any wider authority over your other affairs. Deliberately narrower than a general power of attorney, which is exactly why it is the safer choice where selling one property is all you actually need done.

Read more

Not for managing a property long-term, collecting rent, or acting on your bank accounts generally — see the Power of Attorney by a Person Outside India and the Power of Attorney for Bank for those. Not for a purpose already covered by a power of attorney you have given and now want to end — see the Deed of Revocation of Power of Attorney.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

Chargeable under the power-of-attorney article of Schedule I-A (Punjab) or the corresponding Chandigarh Schedule I entry — the rate for a power authorising SALE of immovable property is materially higher than for a power of bare management, and Punjab has separately amended its rate for a sale power to someone outside the close-relative list (Indian Stamp (Punjab Amendment) Act, 2023) — confirm the current figure and whether the Attorney named here counts as a close relative under that list at the Collector of Stamps' counter before buying the stamp. This deed cannot be pre-stamped abroad: under section 18 of the Indian Stamp Act, 1899, it must be stamped within three months after it is first received in India, so record the date it actually reaches India.

Registration

Not compulsorily registrable everywhere, but several States require registration of a power of attorney authorising sale of immovable property, and registering it — at the Sub-Registrar where the property is situated — is strongly advisable regardless, since an unregistered power is harder for a buyer's lawyer or a bank to rely on with confidence. Execution outside India needs authentication under section 33(1)(c) of the Registration Act, 1908 — before a Notary Public, a Court, a Judge, a Magistrate, an Indian Consul or Vice-Consul, or the Central Government's notified representative — and many Sub-Registrars additionally expect apostille (for a Hague Convention country) or Indian mission attestation on top of that. Confirm both the registration requirement and the attestation the Sub-Registrar will actually accept before executing.

Notarisation

Execute before a Notary Public where you are, or directly before an Indian Consul/Vice-Consul (which section 33(1)(c) recognises outright, without a separate apostille). Sign every page, attach a copy of your passport and OCI/visa page, and courier the original to India — a scanned copy cannot be stamped or registered.

Witnesses

Two witnesses at the notary's sitting are expected by Sub-Registrars and banks in practice, though not a strict validity condition. Avoid using the Attorney or a family member who could benefit as a witness.

Request Stamp Paper

Sample preview — placeholder answers, not your data

SPECIAL POWER OF ATTORNEY

(For the sale of one named property only)

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, Jasbir Singh Gill, S/o Late Sh. Mohan Singh Gill, presently residing at 48 Elmwood Drive, Brampton, Ontario L6Y 2H4, Canada, holding Indian Passport No. N1234567 and OCI/PIO Card No. CAN1234567, PAN ABCDE1234F ("the Principal"), SEND GREETINGS:

WHEREAS the Principal is the absolute owner of the property described in the Schedule below, having acquired title as follows: Sale deed dated 4 March 2010, registered as Document No. 2145, Sub-Registrar Patiala;

AND WHEREAS the Principal, being resident outside India, is unable to personally attend to the sale of the said property and wishes to appoint an attorney limited strictly to that purpose;

NOW KNOW ALL MEN BY THESE PRESENTS that I, the Principal, do hereby nominate, constitute and appoint Ranjit Singh Gill, S/o Late Sh. Mohan Singh Gill, resident of House No. 33, Urban Estate, Patiala, my Younger brother ("the Attorney"), to be my true and lawful Attorney, for me and in my name, and on my behalf, to do and execute all or any of the following acts, deeds and things, IN RESPECT OF THE PROPERTY DESCRIBED IN THE SCHEDULE BELOW ONLY, and no other property or asset of the Principal:

  1. 1. To negotiate the sale of the said property, at a price of not less than ₹95,00,000 (Rupees Ninety Five Lakh only), and to enter into and sign an agreement to sell on such terms as the Attorney considers reasonable;
  1. 2. To sign, execute and present for registration a sale deed or conveyance of the said property in favour of such purchaser(s) as the Attorney may finalise, and to appear before the Sub-Registrar or Joint Sub-Registrar having jurisdiction for that purpose;
  1. 3. To apply for and obtain, on the Principal's behalf, any no-objection certificate, permission or clearance from a development authority, the Estate Office, a housing society, or any other authority, that may be required before the said property can be lawfully sold or transferred;
  1. 4. To sign the receipt for the sale consideration and to give a valid discharge for it, PROVIDED THAT The entire sale consideration must be paid directly into my own NRO/NRE bank account by the buyer, and the Attorney has no authority to receive it personally, and that the account for this purpose is NRO Account No. XXXXXXXX1234, Punjab National Bank, Patiala;
  1. 5. To sign and submit any application for mutation of the said property in the name of the purchaser after registration of the sale deed, and to do all acts incidental to completing that mutation;
  1. 6. To sign and file, on the Principal's behalf, any income-tax form or application connected with this one sale, including an application for a lower or nil TDS certificate, and to receive any certificate issued in consequence.

What this document is for

An NRI or OCI owner who cannot attend in person uses this to authorise one named person in Punjab or Chandigarh to sell exactly one named property — sign the sale deed, receive the consideration into the owner's own account, appear before the Sub-Registrar, and handle mutation. It is deliberately narrower than a general power of attorney: it grants no authority over any other property, bank account or asset.

It is the safer choice wherever selling one property is genuinely all that is needed — a power of attorney with an unnecessarily wide scope is exactly the kind of document that gets misused once signed and sent abroad.

Before you sign this — where and how you execute it controls everything else

Executed outside India, this deed needs authentication under section 33(1)(c) of the Registration Act, 1908 — before a Notary Public, a Court, a Judge, a Magistrate, an Indian Consul or Vice-Consul, or the Central Government's notified representative — and the stamping clock under section 18 of the Indian Stamp Act, 1899 runs from the date the original actually reaches India, not from the date you signed it. Getting either of these wrong is the single most common reason a power of attorney sent from abroad is rejected at the counter once it finally arrives.

Stamp paper and registration

Stamp paper needed

Yes

Typical stamp duty — Punjab

Ask us — A sale power of attorney is charged very differently depending on whether the Attorney counts as a close relative under the list the Indian Stamp (Punjab Amendment) Act, 2023 sets out — a nominal fixed duty for a listed close relative, versus a duty pegged to 2% of consideration or the Collector rate otherwise. The template deliberately prints no figure because which band applies depends entirely on the actual relationship named in the deed; confirm at the Collector of Stamps' counter before buying the e-stamp.

Typical stamp duty — Chandigarh

Ask us — Chandigarh applies its own Schedule I rate rather than Punjab's 2023 Amendment, and the current figure should be confirmed at the Sub-Registrar's office, 30 Bays Building, before the stamp is bought.

Registration at the Sub-Registrar

Depends — Not compulsorily registrable everywhere, but registering a sale power of attorney at the Sub-Registrar where the property lies is strongly advisable regardless, since a buyer's lawyer or bank is more confident relying on a registered one — confirm your specific Sub-Registrar's expectation before relying on notarisation alone.

Notary or witnesses

Execute before a Notary Public where you are, or directly before an Indian Consul/Vice-Consul, which needs no separate apostille. Two witnesses at that sitting are expected by Sub-Registrars and banks in practice, though not a strict validity condition — avoid using the Attorney or a family member who could benefit as a witness.

What you will need before you start

  • The exact property description and how you acquired title to it — address, area, and the sale deed or mutation particulars
  • The Attorney's full details and their exact relationship to you, since that relationship decides the stamp duty band in Punjab
  • Your own NRO/NRE account details for receiving the sale proceeds
  • A decision on whether the Attorney may receive the sale consideration personally, or whether the buyer must pay directly into your account
  • Whether you want a stated minimum sale price, or are content to leave the price to the Attorney's discretion

Common mistakes

  • Sending the deed to India before confirming which stamp-duty band applies to the Attorney's relationship, then finding it under-stamped once it arrives.
  • Losing track of the date the original deed actually reached India, which is what the three-month stamping clock runs from, not the signing date.
  • Assuming the power can be cancelled freely once the Attorney has started acting on it, without checking whether it has become "coupled with an interest" under section 202 of the Indian Contract Act, 1872.

Questions people ask before using this document

Why use this instead of a general power of attorney?

A general power of attorney authorises the Attorney over a broad range of your affairs, which is more than most NRIs actually need and more than most NRIs should hand to one person from a distance. This deed is limited strictly to selling the one named property, with no authority over anything else — the safer scope wherever that is genuinely all you need done.

Why does the stamp duty depend on my relationship with the attorney?

Since the Indian Stamp (Punjab Amendment) Act, 2023, a sale power of attorney to someone on Punjab's close-relative list is charged a nominal fixed duty, while a sale power to anyone else is charged at a rate pegged to 2% of the consideration or the Collector rate — a very large difference. Confirm which band applies to your own Attorney's relationship before buying the e-stamp.

When does the three-month stamping deadline start if I sign this abroad?

From the date the original deed actually reaches India, not from the date you sign it — section 18 of the Indian Stamp Act, 1899 runs the clock from receipt. Record that arrival date carefully, since an unstamped or late-stamped deed is inadmissible and can attract a penalty on impounding.

Can I simply cancel this power once the sale is underway?

Not always freely — whether the power is "coupled with an interest" under section 202 of the Indian Contract Act, 1872 once the Attorney has already acted on it is a real question, not a formality. If you need to cancel before the sale completes, that needs its own deed of revocation, with notice actually given to the Attorney and to anyone else relying on the power, under section 208.

Will a buyer's lawyer or bank accept a power of attorney that is several months old?

Often they will ask for a recently-dated confirmation that the power has not been revoked before completing the purchase, particularly if the deed is more than a few months old by the time of sale. Be ready to provide one rather than assuming the original deed alone will be treated as sufficient at that stage.

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