What if you want to sell a jointly owned property in India but one of the owners lives abroad? Does the sale have to wait until they return? Not necessarily. This guide explains how you can sell the property with an overseas co-owner, when a Power of Attorney may help and what happens if one owner refuses to sell. It also covers the documents and registration formalities you should check before proceeding with the sale.

A jointly owned property can be harder to sell when one of the owners lives abroad. For instance, you and your sibling may jointly own a flat in India, but your sibling lives in Dubai and cannot travel back for the sale. Does the transaction have to wait until they return?
Not necessarily. You can sell a jointly owned property even if one owner lives abroad, provided the required owners consent to the sale and the legal formalities are completed. The overseas owner may be able to appoint a representative in India through a valid Power of Attorney. However, the process depends on the ownership arrangement and the documents required for registration.

Can You Sell the Property Without the Owner Living Abroad Being Present?

Yes. The overseas owner's physical presence in India is not always necessary.
If all co-owners agree to sell, the owner living abroad can execute the required documents or authorise a representative to act on their behalf. The sale must still comply with the applicable registration requirements.
Nevertheless, living abroad and refusing to sell are two different situations. If one co-owner does not consent to the sale of the entire property, the other owners cannot simply sell that person's share along with their own.
Also Check: FEMA Guidelines for NRIs Explained
A co-owner may be able to sell their own share without transferring the other owners' interests. Section 44 of the Transfer of Property Act, 1882, recognises a co-owner's right to transfer their share, subject to applicable legal conditions.
However, the buyer acquires the seller's interest in the property, not automatic ownership of the entire property. The nature of the ownership and any restrictions must also be considered.
Therefore, if your objective is to sell the entire flat, obtaining the consent and required execution from all relevant owners is the safer route.

How Can an NRI Execute a Power of Attorney From Abroad?

If you live overseas and cannot travel to India, a Power of Attorney may allow a trusted representative to complete specified steps on your behalf.
Under Sections 32 and 33 of the Registration Act, 1908, an authorised agent can present documents for registration, subject to the prescribed requirements. The overseas owner must follow an acceptable authentication process. Here is what you should check:

Prepare the PoA: Clearly state the powers granted to your representative, including the authority to execute the sale deed or complete registration formalities, where required.

A Power of Attorney authorises someone to act for you. It does not itself transfer ownership of the property. The sale must be completed through the legally required conveyance and registration process.The exact checklist depends on the property and the state where it is registered. However, you should prepare the following:So, before you finalise the transaction, check the document requirements with the relevant Sub-Registrar or a qualified property lawyer.The owner's residential status for Indian tax purposes matters. If a co-owner qualifies as a non-resident under Indian tax law, the buyer may need to deduct tax under the applicable provisions for payments to a non-resident seller.The tax treatment can depend on the seller's status, the nature of the transaction and the applicable law. Therefore, confirm the relevant TDS requirements before finalising the sale. The Income Tax Department's guidance on the sale of immovable property by a non-resident is a useful starting point.An overseas co-owner does not automatically prevent the sale of a jointly owned property in India. If all relevant owners agree, a properly executed Power of Attorney may help complete the transaction without requiring everyone to travel to India.However, if one co-owner refuses to sell, the situation is different. Before proceeding, verify the ownership rights, the PoA requirements and the applicable registration and tax rules for your property.TOI Homes is a premium real estate brokerage platform. It lists selected from trusted builders, with a strong focus on verified information and clear project details. This makes it easier for buyers to check important documents and avoid common risks.Beyond property search, also supports buyers with home loan assistance and legal guidance. Support continues even after purchase through post-sales services. Backed by the credibility of The Times of India Group, TOI Homes offers a more reliable and transparent homebuying experience.

Frequently Asked QuestionsFAQs

Yes. The sale can proceed if the required owners consent and complete the necessary formalities. The owner in Dubai may be able to execute the documents abroad or appoint an authorised representative in India.

Not necessarily. A properly authorised representative may be able to execute or present documents on the owner's behalf, subject to the PoA's scope and applicable registration requirements.

You cannot automatically sell another co-owner's interest without their authority. Section 44 of the Transfer of Property Act, 1882, addresses the transfer of an individual co-owner's share. If the parties disagree, seek legal advice on the available options.

No. A PoA is not compulsory merely because an owner lives overseas. It may be useful when the owner cannot personally complete the required steps in India.

No. A PoA authorises a representative to perform specified acts. The property sale must still follow the legally required conveyance and registration process.

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