Bought under a defective NRI power of attorney: what each defect means
The defect decides the cure and who has to sign it.
| Defect | What it means for you | Usual cure | Who signs |
|---|---|---|---|
| Not stamped in India within three months of arrival | Inadmissible in evidence until duty and penalty are paid; not void | Duty plus penalty before the Collector of Stamps | No fresh signature |
| Did not authorise a sale, or named another property | The attorney acted beyond authority | Registered confirmation deed ratifying the sale | The seller |
| Signed abroad without the notary, consular or apostille step your sub-registrar requires | Depends on your state's rules | Your advocate checks; a confirmation deed removes doubt | The seller |
| Seller had died before the deed | Authority normally ends on death | A deed from the heirs in their own right | All the seller's heirs |
| Seller had revoked it before the deed | Authority ended on revocation | Confirmation deed | The seller |
| Only an agreement and a power of attorney, no sale deed | No transfer of title yet | A registered sale deed | The owner |
Where the attorney signed the sale deed himself, the Supreme Court held he presents it as the executant, so the Registration Act's special rule for powers of attorney from abroad (Section 33) does not govern it.
How to cure a power of attorney defect, in order
Start with the paperwork; the cure follows from the defect.
1. Get certified copies of the power of attorney and your sale deed from the sub-registrar's office. 2. Have a local advocate list each defect against your state's stamp and registration law. Some states, Kerala among them, require a power of attorney for sale to be registered unless it is given to a close relative. 3. If the only defect is stamping, take the power of attorney to the Collector and pay the duty and penalty. Under the central Act the penalty can reach ten times the duty, but the maximum is not automatic; your state's Stamp Act may set its own figures. 4. For any other defect, the advocate drafts a confirmation deed. The seller signs it abroad before an Indian mission, or before a notary with an apostille where their country is on that route. 5. Stamp it in India within three months of it first arriving, and present it for registration within four months of arrival (Registration Act, Section 26). 6. Update the mutation and society records with both deeds.
If the seller will not sign again
Ratification needs the seller: only the person on whose behalf the attorney acted can confirm the act. If the seller refuses or cannot be traced, the question becomes a civil one for your advocate, and it gets harder with every year.
A buyer who did not know the power of attorney had been revoked may be protected (Indian Contract Act, Section 208), but that protection depends on the facts, so do not plan around it. Keep the payment trail showing the full price reached the seller: it is your strongest evidence that the seller accepted the sale.
A confirmation deed with no fresh payment carries no TDS. If the seller or the heirs ask for more money to sign, the deduction under Section 393(2) of the 2025 Act, formerly Section 195, applies to that payment where the payee is an NRI.
A worked example: Vikram in Jaipur
Vikram bought a Jaipur flat for Rs 75 lakh in March 2026. The seller, Nisha, lives in Chicago. Her brother signed the sale deed under a power of attorney that authorised him to manage and let the flat, but not to sell it.
| Step | Date |
|---|---|
| Nisha signs a confirmation deed before a Chicago notary, with an apostille | 10 November 2026 |
| The deed reaches India | 20 November 2026 |
| Last day to stamp it, three months from arrival | 20 February 2027 |
| Last day to present it for registration, four months from arrival | 20 March 2027 |
The dates follow the central Act's windows; Rajasthan has its own Stamp Act, so Vikram's advocate confirms them and the deed under Rajasthan law.