If the NRI is desirous of purchasing the residential property from a resident seller, he may enter into a  sale agreement, preferably a registered sale agreement.

Since the NRI is not available in India, he can get the sale agreement entered into through a power of attorney.

There is no such thing called as a memorandum of understanding for purchase of immovable property.

A MOU is not a valid document neither it would be enforceable in law, besides, that also has to be executed by both the parties.

Since the NRI is not in India, he has to execute the same from the country of his residence and his signature has to be attested by a notary public of that country and he may have to send it back to India, which will again be a time consuming factor.,

The buyer should not show haste to buy immovable proeprty especially due to the urgency of the seller.

The documents have to be scrutinized, a legal opinion has to be formed by an experienced lawyer and other details have to be advised by the lawyer besides recommendations to buy the property.

All such things are not overnight story, hence do not be in  a hurry or do not have to oblige the seller.

He may be in urgent need of funds, it does not means that he will sell the proeprty with defects without allowing the buyer to become aware of the defects.

If the seller is finding some other buyer, ask him to proceed and do not allow him to dictate terms to you for any reason.

A PoA is essential if the buyer is not in India and an agreement to sell has to be executed.

Therefore the same should be done.

Agreement for sale can be entered into between seller and buyer 

papers can be sent to NRI  for his  signature 

He can sign agreement  for sale have his  signature attested by Indian consulate 

if you as a buyer wish to enter into a MOU or an agreement, then how will you sign it? you are not in India right?

someone has to sign the MOU/agreement on your behalf

so that person will be the POA holder

however the law also permits correspondences exchanged between the parties as a duly constituted agreement 

so the deal can be finalised on email 

the terms of sale have to be confirmed by both the parties over email and then in accordance with the agreed terms, the payment can be transferred by you

also do take note that as a buyer you have to deduct TDS on the sale price at the applicable rate

for verification of title you can contact me by taking my details from kanoon

the verification of title will be charged separately and is not included in the fees which you have paid to kanoon

- NRI can execute POA dully attested by the notary and also from the consulate of India in that country in favour of his any relative or nearest for executing the transfer document i the office of the registrar. 

- MOU cannot bond the parties for the transfer of property in the absence of NRI. 

1. The first advice provide while dealing with properties is 'not to act in haste while buying the immoveable properties'.

2. You can enter in to the Agreement for Sale/Memorandum of Sale directly by coming to India or through your POA holder.

3. You can execute the POA in favour of any of your trusted representative in India and get your signature attested by the appropriate officer of your local Indian Consulate.

4. The said attested POA shall have to be sent to India for getting it stamped by the Indian Stamp Collector.

5. Thereafter the said POA can act for and on your behalf.

Dear Sir,

1. Any non-resident Indian (NRI), who is interested in buying a property in India, should be aware of certain legal provisions pertaining to the purchase or owning of an immovable property in India under the Foreign Exchange Management Act (FEMA). NRIs and persons of Indian origin (PIOs) are treated at par, for the purpose of investment in real estate.

2. In case the NRI is unable to come to India, the documents pertaining to the purchase can be executed by any person, who is given a valid power of attorney. You may give the POA to any friend/relative in India, that way things will be done faster.

Thank you