An NRI co-owner can absolutely participate in Indian property litigation in Delhi from abroad, and Indian civil procedure has evolved considerably to accommodate exactly this kind of cross-border participation, recognising the practical reality that a growing number of property owners and heirs now live outside India while still holding significant property interests within the country. Under Order III of the Code of Civil Procedure, a party to a suit is entitled to appear, apply, or act through a recognised agent or a duly appointed power of attorney holder, meaning an NRI co-owner does not need to be physically present in Delhi throughout the litigation and can instead authorise a trusted representative in India to handle day-to-day appearances, filings, and procedural steps on their behalf.

To grant this authority validly, the NRI co-owner typically executes a power of attorney before the Indian Consulate or Embassy in their country of residence, which then needs to be adjudicated and, where required, stamped and registered in India under the relevant provisions of the Registration Act, 1908, particularly Section 33, which governs the recognition of powers of attorney executed outside India for purposes connected with registered documents and property matters. Once this power of attorney is properly executed and authenticated, the appointed representative can sign pleadings, engage advocates, attend hearings, and even execute documents like sale deeds or partition deeds on the NRI's behalf, provided the power of attorney specifically covers these acts.

Where the NRI co-owner's personal testimony becomes necessary — for instance, to establish specific facts within their personal knowledge during trial — Indian courts, including those in Delhi, have increasingly permitted evidence to be recorded through video conferencing, a practice the Supreme Court formally endorsed in its landmark ruling in State of Maharashtra versus Dr. Praful B. Desai, recognising that video conferencing satisfies the requirement of the witness being examined in the "presence" of the court under the Evidence Act, provided proper safeguards for identification and the integrity of the testimony are maintained. This has made it genuinely practical for NRI litigants to give evidence without undertaking the expense and inconvenience of international travel, particularly valuable in lengthy property disputes that may otherwise require multiple appearances over several years. Because coordinating power of attorney documentation, video conferencing arrangements, and Indian court procedure from abroad requires careful planning, it is strongly advisable to consult Aapka Legal Advice early to ensure your participation as an NRI co-owner is structured correctly and does not face procedural objections later.

NRI participation in Delhi property litigation has become increasingly common and well-supported by both technology and evolving court practice, but getting the underlying documentation right remains essential to avoid delays or challenges to the validity of your representation. The Top Property Lawyers in Delhi regularly assist NRI clients in structuring power of attorney arrangements and coordinating video conferencing testimony, and our panel of retired judges is available to advise on strategy for NRI co-owners facing complex, long-distance property disputes.

In conclusion, an NRI co-owner can fully and effectively participate in Indian property litigation in Delhi from abroad through a properly executed power of attorney and, where necessary, video conferencing testimony, ensuring that geographic distance does not prevent them from protecting their rightful property interests.