
At a glance
- The rule
- A GPA does not convey title — Suraj Lamp (SC)
- POA from abroad
- Notarised, apostilled, then stamped in India
- Must authorise
- Filing suits and swearing affidavits
- Common failure
- Misuse by the holder, often a relative
- Travel
- Usually unnecessary for most stages
GPA property in Delhi is the source of more litigation than any other single document. A General Power of Attorney, an agreement to sell and a will taken together do not convey title the way a registered sale deed does — the Supreme Court settled that in Suraj Lamp & Industries. The other half of the problem is power of attorney validity: a POA executed abroad that was never adjudicated in India, or one a relative used to sell a property the owner never intended to part with.
Matters commonly handled for clients abroad
- Suits for possession against tenants, caretakers and relatives in occupation
- Cancellation of sale deeds executed on forged documents or a misused power of attorney
- Injunctions to prevent sale, transfer or construction pending the dispute
- Partition of inherited property where co-owners are spread across countries
- Succession certificates, probate and mutation after the death of a parent
- Verification of title before purchase or sale from abroad
- Recovery of rent and mesne profits for the period of unlawful occupation
- Builder-buyer disputes, delayed possession and refund claims
Power of attorney done properly
Most NRI property litigation is conducted through a power of attorney, and most problems with it are avoidable. A POA executed abroad ordinarily needs to be notarised and apostilled or attested at the Indian mission, and then adjudicated and stamped in India before it can be relied upon. Getting the wording right at the outset — specifically authorising the acts intended, including the filing of suits and swearing of affidavits — avoids the common situation where the document exists but does not cover what is now needed. Equally important is choosing a holder whose interests do not conflict with yours, since misuse of a POA by a family member is one of the more frequent causes of the disputes on this page.
How matters are run from abroad
Instructions by video call, documents by email, and appearances handled in India so that travel is concentrated into as few trips as possible. You are told in advance which stages, if any, genuinely require your presence.
Frequently Asked Questions
Someone has occupied my Delhi property while I live abroad. What can be done?
A suit for possession with an application for injunction is the usual route. Establishing your title and the date and manner of dispossession early makes a substantial difference.
Can a sale deed executed without my knowledge be cancelled?
A suit for cancellation and declaration can be filed. Acting quickly matters, both for limitation and to prevent onward sale to a purchaser claiming to be bona fide.
Do I have to travel to India for the case?
Usually not for most stages, provided a properly executed power of attorney is in place. Some stages may require attendance, and these are planned in advance.
Related pages
Property lawyer in Delhi · Partition of Ancestral Property · NRI criminal lawyer · Civil lawyer in Delhi
Speak to Advocate Kanisth Manuja
If you need an NRI property lawyer in Delhi, early advice usually costs less than late repair. Call +91 9990856569 or email advocatekanisth@gmail.com with a short summary and any orders or notices you hold. Chamber: S-307, 3rd Floor, Delhi High Court, New Delhi 110003.
This page is for general information only and is not an advertisement or solicitation. It does not create an advocate–client relationship, and nothing here is a guarantee of any particular outcome.
How a property matter runs from abroad
- 01
Position assessed
Title verified against the sub-registrar's record rather than the papers you were sent.
- 02
POA executed
Notarised and apostilled abroad, then adjudicated and stamped in India, with wording that covers what is actually needed.
- 03
Urgent relief
Injunction to prevent sale, transfer or construction while the dispute runs.
- 04
Main relief
Suit for possession, cancellation of a forged deed, or partition of inherited property.
- 05
Recovery
Mesne profits for the period of unlawful occupation, claimed from the outset rather than added later.

