Can a foreign citizen sell their property in India by giving the POA

29-Apr-2023 (In Property Law)
As sister is Canadian citizen can she give a power of attorney for selling the flat? Who has to endorse the PoA - Canadian consulate or Indian consulate?
Answers (3)

Answer #1
537 votes
Yes she can sell through the POA, in my opinion the Indian consulate in Canada will have to endorse the POA. You can get more help on this from the Indian Consular office in Canada. The difficulty is whether as per Canadian law the Attorney holder needs to sign the POA as well.

Answer #2
839 votes
Power of attorney can be executed for giving certain powers to the Attorney. your Sister can execute power of Attorney in canadian consulate and you can ask her to send the original through courier and you can execute the sale deed over here. Secondly i would also like to add that A properly prepared power of attorney that has been notarized abroad should be accepted in all countries who are signatories of the Hague Convention. However, even though India is one of the signatories, getting attestation done from the Indian Consulate/Embassy seems to carry more weight in India.
Hence NRIs when sending POA to India should get the document attested at the Indian consulate in their area of residence. so according to my advice you can ask your sister to do the registration through Indian Consulate.
Answer #3
859 votes
As sister is Canadian citizen, she should give Power of Attorney duly signed and registered at Canada, also paid Indian stamp duty through their Indian embassies. Then can be valid.

Who has to endorse the PoA - Canadian consulate or Indian consulate?
Canadian Consultants.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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