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

744 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.

Advocate Bhavik Salia LawRato

511 votes

Hello,
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.

Advocate Urvika Shah LawRato

984 votes

hi
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.

Advocate Kavita Kedari Talkar LawRato