This is the most popular method of property transfer in India. If you hold a possession and you might want to sell it outright for a consideration i.e. sale value, then execution of SALE DEED can be considered.
The enrollment of sale deed or transfer deed is mandatory, and once the sale deed is enlisted in Sub-Registrar office, the ownership gets transferred to the new owner.
Property Sale in India from abroad when owner unable to travel to India
While finding buyers and preparation of sale deed etc. can be done by brokers, lawyers etc in India, the presence of the owner is required at the time of registration in the registrar office. If this is not possible then the option is to allow someone to represent the owner by giving a Power of Attorney to act on the owners behalf. NRIs can either get the required Power of Attorney document prepared in India or abroad. However, POA sent to India from abroad regarding property matters must be signed and attested at the Indian Consulate. Once the Indian Consulate attests the POA it should be acceptable by registrars in India.
To sell your property you are going to need:
• Property documents showing ownership of the property etc.
• An NRO bank account in India. If you do not already have such an account, you can open one from UK by using online services offered by many Indian banks to non-resident Indians. This type of account will be required to have the sale proceeds sent to UK.
• Power of attorney document prepared and attested by the Indian consulate. Be Alert when issuing Power of Attorney By giving power of attorney you are allowing someone to act on your behalf. When drafting a POA seek the services of a lawyer to ensure your POA is not misused. People in India often ask NRIs to simply send a general power of attorney as this will cover everything and be more convenient. However giving a general power of attorney is very risky and subject to misuse.
Generally there appears to be a misunderstanding that Non-residents must give a comprehensive power of attorney to allow someone to represent them on property matters in India. However this is not true, instead of giving a POA to someone to act on their behalf on all property matters, the seller can give 'Admit PoA' rights to someone to represent them only at the registration office. All other documents should be signed by the seller themselves which is quite easy these days with fast courier services.
Open NRO account on your name only. account opening procedure is different office and selling is in different office, ask seller to issue cheque on your name and get transfer the POA from her to seller name.