Power of attorney in India: types, uses and precautions

Quick answer: A power of attorney (POA) authorises another person (the agent) to act on your behalf. A special POA covers specific acts; a general POA covers a wide range of matters. It needs stamp duty under your state's law, and should be notarised; a POA to deal with immovable property usually needs to be registered. A POA does not transfer ownership, and you can revoke it.

POAs are common when people live away from home, are unwell, or simply can't attend in person.

Special or general?

• Special POA: for one transaction or a defined set of acts, such as registering a sale deed or appearing in a specific case. Safer.
• General POA: wide powers to manage property, accounts and affairs. Convenient, but risky if misused.

Choose the narrowest POA that does the job.

Making a POA

1. Draft it clearly: who, what powers, for how long.
2. Pay stamp duty as per your state's stamp law.
3. Sign before a notary; property-related POAs are usually registered with the sub-registrar.
4. Give the agent a copy and keep the original safe.

NRIs

A POA signed abroad is usually signed before the Indian embassy or consulate or a notary with apostille, then stamped in India within the time your state allows after it arrives. Check with the sub-registrar where it will be used.

A POA isn't a sale

The Supreme Court (Suraj Lamp & Industries, 2011) held that transfers of immovable property through "GPA sales" (a general POA plus a sale agreement and a will) do not convey title. Ownership passes by a registered sale deed.

Revoking a POA

Sign a revocation deed, register it if the POA was registered, and inform the agent and anyone who relied on it (bank, sub-registrar). A POA also ends on the death of the person who gave it.

Precautions

• Give powers only to someone you trust.
• Limit the powers and the period.
• Ask for regular updates.
• Keep a record of what was done.

Frequently asked questions

Does a power of attorney need to be registered?

Not always. POAs to deal with immovable property usually need registration; others are generally notarised and stamped.

Can a power of attorney holder sell property?

Yes, if the POA expressly gives that power, by executing a registered sale deed for the owner. The POA itself doesn't transfer ownership.

Is a POA valid after the owner dies?

No. A POA ends on the death of the person who gave it.

Draft one carefully

[Ask April](/features/ask-april) what a POA for your situation should cover, and use [drafting](/features/drafting) for a first version to take to a lawyer or notary.

This article is general information, not legal advice.