Yes, and this is a genuinely reassuring question for the large number of Non-Resident Indians with property interests in Mumbai, since Indian civil procedure has well-established mechanisms allowing NRI co-owners to fully and effectively participate in litigation without needing to be physically present in India throughout the proceedings. Under the Code of Civil Procedure, 1908, a party residing abroad can appoint a power of attorney holder in India to represent their interests, appear on their behalf in court proceedings, sign necessary documents, and generally manage the day-to-day conduct of the litigation, provided the power of attorney is properly executed and, where required, apostilled or attested according to the requirements applicable to the country where it was executed.

For the power of attorney to be recognised as valid for Indian legal proceedings, it typically needs to be executed before a notary public in the country of residence and then either apostilled if that country is a signatory to the Hague Apostille Convention, or attested by the Indian Embassy or Consulate in that country if it is not, ensuring the document carries proper legal recognition when presented before Indian courts and registration authorities. This properly authenticated power of attorney can then be registered in India if required for specific transactions, and the appointed attorney can effectively step into the NRI co-owner's shoes for purposes of the litigation.

Where the NRI co-owner's personal testimony or examination becomes necessary during the trial — since a power of attorney holder generally cannot testify to facts within the NRI's personal knowledge on their behalf — Indian courts increasingly permit video conferencing for recording such evidence, particularly following the Supreme Court's guidelines on video conferencing in judicial proceedings, which have been further reinforced and expanded following the increased use of remote hearing technology during and after the pandemic period. This allows an NRI co-owner to give their testimony and be cross-examined without needing to travel to India, though the specific procedure requires a formal application to the court seeking permission for video conference testimony, along with appropriate arrangements to ensure the recording process meets evidentiary standards.

Beyond appearance and testimony, NRI co-owners retain full rights to receive all case updates, review documents, provide instructions to their legal counsel, and participate in strategic decisions throughout the litigation, all of which can be effectively managed through regular communication with their appointed Indian legal counsel, ensuring the NRI's interests remain fully protected and actively represented despite the physical distance involved.

Given how NRI participation in Indian litigation requires careful coordination of power of attorney documentation, potential video conferencing arrangements, and ongoing communication, having experienced counsel manage this process smoothly makes a significant difference to the litigation's effectiveness. Reach out via Aapka Legal Advice for assistance in structuring effective NRI participation in your Mumbai property litigation. The Top Property Lawyers in Mumbai team has successfully represented numerous NRI clients in Mumbai property disputes through properly structured power of attorney arrangements and video conference testimony, supported by a panel of retired judges and criminal lawyers for related matters. If you're an NRI co-owner involved in Mumbai property litigation, ensuring your power of attorney is properly executed and authenticated is the essential first step to full and effective participation from abroad.v