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Selling Property Using POA Understand the Agreement to Sale Process

Selling property in India while abroad can be challenging for NRIs, but using a Power of Attorney (POA) allows delegation of authority for smooth transactions. India for NRI offers expert guidance on the process, legalities, and key considerations for NRIs selling property through POA.

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Selling Property Using POA Understand the Agreement to Sale Process

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  1. SELLING PROPERTY USING POA? UNDERSTAND THE AGREEMENT TO SALE PROCESS www.indiafornri.com

  2. Table Of Contents • What is an Agreement to Sale Using POA? • Can You Sell Property Using POA in India? • Step-by-Step Process for Agreement to Sale Using POA • Common Mistakes to Avoid in Agreement to Sale Using POA • How India for NRI Can Help

  3. What is an Agreement to Sale Using POA? • An agreement to sale using POA is a legally binding document where a POA holder signs a property sale agreement on behalf of the actual owner. This agreement outlines: • Property details • Buyer and seller details • Sale price and payment terms • Legal obligations of both parties • Timeline for final sale deed execution

  4. Can You Sell Property Using POA in India? • 1.The POA Must Be Registered & Notarized • If executed outside India, it must be attested by the Indian Embassy or Consulate. • 2. The POA Should Clearly Mention Sale Authority • It should specifically authorize the POA holder to execute an agreement to sale and complete the final property sale transaction. • 3. Recent Supreme Court Rulings • The Supreme Court of India has restricted sale of property using POA alone, but it is still valid if supported by a proper sale deed.

  5. Step-by-Step Process for Agreement to Sale Using POA • Step 1: Draft a Legally Valid POA • If prepared outside India, get it attested by the Indian Embassy. • Step 2: Register the POA in India • The POA should be registered at the Sub-Registrar’s Office to be legally valid for a property sale.

  6. Step 3: Draft an Agreement to Sale • The agreement to sale using POA must include details of the property, price, payment schedule, and terms of sale. • Step 4: POA Holder Executes the Agreement • The POA holder signs the agreement in the presence of witnesses and submits necessary documents. • Step 5: Final Sale Deed Execution • Once all conditions are met, the POA holder can execute the final sale deed in favor of the buyer. • The buyer pays stamp duty & registration charges as per state laws.

  7. Common Mistakes to Avoid in Agreement to Sale Using POA • Using an Unregistered POA – An unregistered POA is legally invalid for property sales. • Failing to Verify Property Title – Always check for encumbrances before proceeding. • Ignoring Tax Implications – NRIs must comply with capital gains tax and TDS rules. • Not Including a Payment Clause – Clearly mention advance payments and final settlement terms.

  8. How India for NRI Can Help • NRIs often face difficulties in managing property sales in India due to legal complexities. India for NRI provides professional assistance for: • POA Drafting & Registration • Legal Consultation on Property Sales • Agreement to Sale & Sale Deed Execution • Taxation & Repatriation Guidance • With expert support, NRIs can legally and securely complete their property sale transactions in India.

  9. Contact Us • +91-9560020722 • info@indiafornri.com • www.indiafornri.com 123 Anywhere St., Any City, ST 12345 • 901, ITL Twin Tower, Netaji Shubhash Place, Pitam Pura, Delhi

  10. Thank You www.indiafornri.com

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