Signed a Power of Attorney Abroad for Your Mumbai Flat? Get It Stamped Within Three Months

Step by step

1. Draft it for the specific job. A specific PoA (one flat, defined acts) is safer than a general one.
2. Sign before the right authority abroad. Either at an Indian embassy or consulate, or before a notary followed by an apostille (for Hague Convention countries) or consular attestation.
3. Send the original to India. Scans and photocopies are not accepted.
4. Adjudicate and pay stamp duty in Maharashtra within three months of receipt. One guide puts processing at roughly 2 to 15 working days.
5. Register it if it will be used to transfer property. A PoA used for a sale needs to be registered, and the sub-registrar will want it properly stamped and adjudicated first.

Common mistakes

• Letting the document sit with a relative for months before stamping.
• Using a vague general PoA for a sale.
• Sending a scan and expecting the sub-registrar to accept it.
• Forgetting that the person you appoint will need their own ID and photographs at registration.

You may not need a PoA at all for renting. See possession by letter of authority and our NRI property management page.

Frequently asked questions

How long do I have to stamp a power of attorney signed abroad?

Three months from the date it is received in India. It is stamped through adjudication before the Collector of Stamps.

Does a power of attorney for selling a flat need registration?

Yes. A PoA used to transfer immovable property should be registered, and it must be properly stamped and adjudicated first.

Sources

• Advocate Gandhi: Stamping and adjudication of a power of attorney executed abroad
• NRI Information: Executing a power of attorney for India from abroad

This is general information, not legal or tax advice. Rules change, so check your own case with a lawyer or CA.

Own a flat in Mumbai, Thane or Navi Mumbai? Book a call and tell me what you are dealing with.

Warmly,
Yanik