USA Special Power of Attorney to Sell Property Share in India

SPECIAL POWER OF ATTORNEY
(LEGAL HEIR TO AUTHORISED REPRESENTATIVE)

Executant / Principal:
Smt./Ms. __________________________, W/o / D/o __________________________, aged about ____ years, occupation __________________, presently residing at ________________________________________________, United States of America, Passport No. __________________, OCI Card No. __________________ (if applicable), hereinafter referred to as the "Principal/Executant".

I, the Principal named above, do hereby nominate, constitute and appoint Shri/Smt. __________________________, S/o / D/o __________________________, aged about ____ years, occupation __________________, residing at ________________________________________________, India, Aadhaar/other ID No. __________________ and Mobile No. __________________, as my true and lawful attorney ("Attorney") to act for me and on my behalf in respect of my undivided right, title, share and interest in the immovable property described below.

Background and property particulars

1. Late Shri/Smt. __________________________, who was my __________________, died on __________________ at __________________.

2. The deceased left behind the following legal heirs:

Sl. No.	Name of legal heir	Age	Relationship with deceased
1
2
3
4

3. To the best of my knowledge and subject to the applicable succession law and supporting legal-heir/succession documents, there are no other legal heirs except those stated above.

4. The deceased acquired/owned the following immovable property:

Property description:
Flat/House/Plot No. __________________________; Floor __________________; Building/Project __________________________; Survey/Khasra/CTS/Plot No. __________________________; Village/Town/City __________________________; District __________________________; State/UT __________________________; area __________________________; together with proportionate rights in common areas/land, if applicable.

Boundaries, where applicable:
East: __________________________
West: __________________________
North: _________________________
South: _________________________

5. The title to the above property stands/stood in the name of Late Shri/Smt. __________________________ under __________________________ dated __________________, registered as document No. __________________ at __________________.

6. By succession/inheritance, I claim an undivided share of ____________ in the above property, subject to the applicable personal/succession law and the supporting title and succession documents.

7. I desire to sell, convey and transfer my aforesaid undivided share and, as I am residing outside India and may not be able to remain personally present before the concerned authorities, I am executing this Special Power of Attorney for the limited purposes set out below.

Powers granted

1. To identify prospective purchaser(s), negotiate the proposed sale of my aforesaid share, settle the lawful sale consideration and other terms, and sign correspondence, offers, term sheets or other preliminary documents consistent with this authority.

2. To execute on my behalf an agreement to sell, sale deed, conveyance deed, deed of confirmation, rectification/correction deed, declaration, possession-related document and such other instrument as is reasonably required to lawfully convey my aforesaid share.

3. To appear before the jurisdictional Sub-Registrar/Registrar and other competent registration authority, admit execution where legally permissible, present documents for registration, complete registration formalities, sign endorsements and applications, provide photographs/biometrics or other identification particulars where lawfully required, and obtain registered documents/receipts.

4. To apply to revenue, municipal, development, housing, co-operative society/association, electricity, water, tax and other competent authorities for permissions, NOCs, mutation-related steps, certificates, assessments, dues statements and other records reasonably necessary for the sale of my share.

5. To sign and submit applications, declarations, affidavits, undertakings, indemnities, forms and representations required for giving effect to the proposed transfer, provided that no statement shall knowingly be made contrary to the title or succession documents.

6. To pay, from funds made available for the transaction, lawful registration fees, stamp-related charges, taxes, society/association dues and other government or statutory charges relating to the sale and registration of my share, and to obtain receipts.

7. To hand over possession of the property/my share to the purchaser only upon completion of the sale in accordance with the agreed terms and applicable law, where such delivery of possession is relevant and legally permissible.

8. To receive notices and communications relating to the registration and completion of the sale and to respond to lawful requisitions raised by the registering or other competent authority.

9. To do all incidental and lawful acts strictly necessary to complete the sale and registration of my aforesaid share, but not to deal with any other property belonging to me unless specifically described in this instrument.

Optional authority to receive sale consideration

Choose and retain only one option before execution:

Option A - Principal receives consideration: The Attorney is not authorised to receive the sale consideration beneficially. The purchaser shall remit/pay my share of the sale consideration only to the bank account or in the manner separately instructed by me in writing.

Option B - Attorney may receive for Principal: The Attorney is authorised to receive my share of the sale consideration strictly for and on my behalf, issue valid acknowledgements/receipts and account to me for all amounts so received. This authority does not make the Attorney the beneficial owner of such money.

Restrictions and ratification

10. Unless expressly inserted here, the Attorney shall have no power to gift, mortgage or otherwise encumber my share, to transfer it without consideration, or to use this authority for property not described above.

11. Delegation: The Attorney shall not delegate or substitute the powers granted under this SPA unless the following express permission is retained and legally permissible: "The Attorney may appoint a substitute solely for ministerial/registration acts, while remaining responsible to me for such appointment." Delete this sentence if delegation is not intended.

12. I agree to ratify and confirm all lawful acts actually done by the Attorney within the scope of this Special Power of Attorney.

13. This Special Power of Attorney shall remain in force until completion of the authorised sale or until revoked by me in accordance with law and communicated to the Attorney and, where necessary, to concerned authorities/third parties, whichever occurs earlier, subject always to rights already lawfully created before notice of revocation.

Execution

IN WITNESS WHEREOF, I have signed this Special Power of Attorney at __________________________, State of __________________________, United States of America, on this ____ day of __________________, 20____.

Witnesses

1. Name: __________________________
Address: ______________________________
Signature: ____________________________

2. Name: __________________________
Address: ______________________________
Signature: ____________________________

Notarial / Consular authentication

Use the certificate, seal and authentication wording required by the U.S. notary/competent authority or the jurisdictional Indian Mission/Consulate, as applicable. If using the apostille route, complete the notarisation/authentication steps required by the competent U.S. authority before obtaining the apostille.

Attorney holder specimen / acceptance (if required)

Name: ______________________________
Signature: ____________________________
Address: ______________________________
Mobile: _______________________________