Can an NRI execute a Power of Attorney from abroad?

My experience was in Rajasthan, so the state-specific part may be relevant to you.

The Power of Attorney Act/Registration Act provisions don't tell you the entire story because stamp duty is also a state matter. Rajasthan's Stamp Act, for example, has specific provisions dealing with powers of attorney involving immovable property, including cases where authority is given to relatives to sell property.

So I wouldn't rely only on a general "NRI POA from abroad" checklist.

Before signing, I would confirm:

1. Whether the POA should be executed before the Indian Consulate or through another authentication route.
2. Whether the particular foreign country requires local notarisation/authentication first.
3. What stamping is required once the POA reaches India.
4. Whether registration of the POA itself is required for the proposed transaction.
5. Whether the Jaipur Sub-Registrar will accept the exact wording and authority being granted.
6. Whether the person receiving the POA can sign the particular sale/registration documents.

This is especially important when the POA relates to sale of immovable property because the consequences are more significant than using a POA for a simple administrative task.

I used an Indian Consulate rather than a local notary because I was already going there for another consular service.

The consular process involved submitting the POA and supporting documents and appearing for verification. The current Ministry of External Affairs consular-services system shows that miscellaneous consular services can involve online application, document upload, embassy verification, appointment selection and an in-person visit, although the exact service and procedure depend on the mission.

After I received the executed document, I sent it to India. There were still additional formalities relating to stamping in India, so I wouldn't assume that consular attestation means the POA is automatically ready for use at the Sub-Registrar's office.

Also, make the POA as specific as possible. If it is for selling a particular property, the property details and the powers being granted should be clearly stated. I wouldn't give someone unnecessarily broad powers just because a template says to.

The registration office, property professional and the relevant state authority are the places I'd verify the final requirements with.

I executed a POA from Canada for a property matter in India a couple of years ago. In my case, I didn't just sign a generic POA and send it over.

I first got the wording prepared for the specific transaction and checked with the people handling the registration in India about what they expected. I then completed the execution formalities in Canada and sent the original to India.

One important thing I learned is that there are really two separate questions: how the POA is authenticated where you live and what stamping/registration formalities apply after it reaches India.

The Indian Registration Act specifically provides for a power of attorney executed outside India to be authenticated before, among others, a Notary Public or an Indian Consul/Vice-Consul.

That doesn't mean every POA follows the same process, though. The property is in a particular state, and state stamp laws can affect the amount and procedure.

I would therefore get the draft checked against the requirements of the state where the property is located before signing it. My biggest mistake was assuming that a POA format used by a friend in another state would automatically work for my transaction.