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Dealing with an NRI

You bought under the NRI seller's power of attorney and it was defective: the fix

Most power of attorney defects are curable. The cure usually needs the seller's signature once more, so act while you can get it.

The NRI seller did not come to India. Their attorney, often a relative, signed your sale deed under a power of attorney. Now you find the power of attorney was never stamped in India, did not clearly authorise a sale, was signed abroad in a form your sub-registrar should have queried, or the seller had died or revoked it before the deed.
Last reviewed: 27 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

A defective power of attorney does not usually make your purchase void, but it can let someone question it. An unstamped power of attorney is cured by paying the duty and a penalty before the Collector of Stamps (Indian Stamp Act, Sections 18, 31 and 40). A gap in the attorney's authority is usually cured by a registered confirmation deed in which the seller ratifies the sale (Indian Contract Act, Section 196). If the seller had died first, the heirs sign a deed in their own right. If you hold only an agreement and a power of attorney, with no registered sale deed, you do not own the property yet. Validity turns on state law, so a local advocate confirms the cure.

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Bought under a defective NRI power of attorney: what each defect means

The defect decides the cure and who has to sign it.

DefectWhat it means for youUsual cureWho signs
Not stamped in India within three months of arrivalInadmissible in evidence until duty and penalty are paid; not voidDuty plus penalty before the Collector of StampsNo fresh signature
Did not authorise a sale, or named another propertyThe attorney acted beyond authorityRegistered confirmation deed ratifying the saleThe seller
Signed abroad without the notary, consular or apostille step your sub-registrar requiresDepends on your state's rulesYour advocate checks; a confirmation deed removes doubtThe seller
Seller had died before the deedAuthority normally ends on deathA deed from the heirs in their own rightAll the seller's heirs
Seller had revoked it before the deedAuthority ended on revocationConfirmation deedThe seller
Only an agreement and a power of attorney, no sale deedNo transfer of title yetA registered sale deedThe 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.

StepDate
Nisha signs a confirmation deed before a Chicago notary, with an apostille10 November 2026
The deed reaches India20 November 2026
Last day to stamp it, three months from arrival20 February 2027
Last day to present it for registration, four months from arrival20 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.

What's involved

What the CA actually does

  1. 1

    Build the record for your advocate

    We put together the payment trail, the registration papers and the dates the documents reached India, so your advocate can list each defect under your state's law.

  2. 2

    Keep the tax record consistent

    We set out the tax facts the confirmation deed must reflect, such as the price and the TDS already deducted. Your advocate drafts it and confirms it under your state's law.

  3. 3

    Check the tax side

    We confirm the TDS on the original price was right and compute the deduction on any further payment the seller or heirs ask for.

What to have ready

Documents you'll typically need

  • Registered sale deed
  • The power of attorney, with its stamping and authentication pages
  • Proof of when the power of attorney reached India
  • Payment proofs showing the price reached the seller
  • Seller's current contact details

References on this page

  • Registration Act 1908, Sections 26, 32 and 33: documents executed abroad and powers of attorney
  • Rajni Tandon v Dulal Ranjan Ghosh Dastidar (2009) 14 SCC 782: an attorney who signs the deed presents it as executant
  • Indian Stamp Act 1899, Sections 18, 31, 32, 35 and 40: stamping within three months of first receipt in India, adjudication and penalty
  • Indian Contract Act 1872, Sections 196, 201 and 208: ratification, termination of agency, and third parties
  • Suraj Lamp and Industries v State of Haryana (2012) 1 SCC 656: agreement, power of attorney and will do not transfer title

Frequently asked questions

Common questions

The seller admits execution before the sub-registrar, in person on a visit or through an attorney authorised for it. Your advocate arranges which.

Yes, at whatever your state's schedule sets for that instrument. Your advocate confirms the figure.

The Ministry of External Affairs treats an apostilled document from a member country as legalised for use in India, with no further attestation. Check what your sub-registrar asks for in addition.

As a rule, no: death ends the attorney's authority from then on, and a deed completed before it stands. Your advocate confirms it for your deed.

Yes. A lender, a society or an heir of the seller can raise it at any time.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Power of Attorney executed abroad: the stamping clock

Right now: Stamped in India within 3 months of receipt in India

Where it works differently

The country is a Hague Apostille Convention member
Notarise locally, then apostille. Otherwise it needs attestation by the Indian mission.
Two different routes; using the wrong one means a rejected document at the sub-registrar.
The 3 months lapse
Penalty stamping is required and the document may be questioned. Sub-registrars do check the receipt date.
Indian Stamp Act.
The PoA is meant to transfer the property itself
It cannot. A GPA does not convey title, per Suraj Lamp (SC, 2011). A PoA authorises someone to ACT for you, not to receive your property.
The commonest and costliest misunderstanding.

Commonly got wrong

  • A PoA can be used to sell the property to the holder. Suraj Lamp held GPA sales convey nothing. A PoA lets an agent act for you; it does not transfer ownership to them.A Power of Attorney lets someone sign on your behalf. It does not transfer the property to them. Only a registered sale deed does that.

The seller's power of attorney was defective. Is my purchase safe?

Send the deed, the power of attorney, your payment records and the seller's documents for a fix-it review. We will check the tax side and prepare the record your advocate needs. Free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.