Power of Attorney Drafting & Registration
A power of attorney (POA) lets someone you trust act for you: sign papers, deal with a bank, manage a property or appear before an office. We draft general and special POAs, arrange stamping, and handle authentication before the Sub-Registrar, including POAs signed abroad by NRIs.
What it is
A power of attorney is a written authority. The person who gives it is the principal; the person who receives it is the attorney or agent. What the attorney does within that authority binds the principal, just as if the principal had done it.
Three laws shape a POA in India. The Powers of Attorney Act, 1882 deals with the instrument itself. The Indian Contract Act, 1872 governs the agency it creates, including when it ends under Section 201. The Registration Act, 1908, through Section 33, decides which POAs are accepted for presenting documents for registration, such as a sale deed. Stamp duty is charged under the Indian Stamp Act, 1899 at the rate set by each state.
Who it applies to
You own property but cannot be there
Owners who cannot be present to sign a sale, gift or lease deed, collect rent or deal with the municipal office, and want a family member to act for them.
You live outside India
Say an engineer working in Dubai wants to sell her flat in Faridabad. She signs a special POA before the consulate there, and her brother signs the sale deed here.
You need help with routine work
A proprietor authorising a manager for one contract. Or a retired couple in Ballabgarh who want their daughter to handle bank visits and property tax.
Why it matters
Keeps work moving while you are away
Your attorney signs deeds and answers notices while you are in another city or country.
Sets limits that protect you
A well-drafted POA lists exactly what the attorney may and may not do. That stops misuse and gives third parties confidence to deal with the attorney.
Gets accepted the first time
A POA that is wrongly stamped or not authenticated can be turned away by a Sub-Registrar or bank. Getting the format right saves a second trip.
Documents required
From the principal
- PAN and Aadhaar or passport
- Two passport-size photographs
- For an NRI: passport with visa or residence permit
From the attorney
- PAN and Aadhaar
- Two passport-size photographs
- Relationship proof, if the POA is in favour of a family member
About the work
- Property papers: title deed, khasra or plot number, address
- Bank account or folio details, if relevant
- For a company: board resolution authorising the POA
General vs special POA
| General POA | Special POA | |
|---|---|---|
| Scope | Wide authority over many matters | One task or one transaction |
| Typical use | Managing all affairs while abroad | Selling one flat, appearing in one case |
| Risk | Higher, as the attorney can do more | Lower, as authority is narrow |
| Ends | On revocation, death or insanity of either party (Section 201) | Also when the task is completed |
Use a special POA where you can. Narrow authority is easier for banks and Sub-Registrars to accept and harder for anyone to misuse.
How it works
List the powers you are giving
We note who acts for whom, for what and for how long, and whether the POA will be used before a Sub-Registrar.
Review our draft
We draft the POA with each power listed clearly, limits on what the attorney cannot do, and a validity period where useful.
Buy the right stamp paper
We arrange e-stamp paper at the rate for your state; in Haryana it is generated against a GRN on the e-GRAS portal. A POA signed abroad is stamped in India within three months of arrival.
Sign and authenticate
The principal signs before the Sub-Registrar, or abroad before a notary or Indian consul, as Section 33 of the Registration Act requires for registration work.
Timelines
Stamp before signing in India
Section 17 of the Indian Stamp Act, 1899 requires an instrument executed in India to be stamped before or at the time of execution.
Stamp within three months if signed abroad
Section 18 allows an instrument executed only outside India to be stamped within three months after it is first received in India.
Set a validity period
A POA has no fixed legal expiry. It lasts for the period it states, or until it is revoked, the task is done, or either party dies.
What happens if the POA is not done right
Sub-Registrar refuses the deed
A deed presented by an attorney whose POA is not authenticated under Section 33 can be refused for registration.
Unstamped POA is not evidence
Section 35 of the Stamp Act keeps an instrument that is not duly stamped out of evidence until the deficit duty and the penalty the Act prescribes are paid.
A POA does not transfer title
In Suraj Lamp & Industries v State of Haryana (2011), the Supreme Court held that a power of attorney is not an instrument of transfer. Buying property on a GPA alone gives no ownership.
Frequently asked questions
Is registration of a power of attorney compulsory?
Not for every POA. The Registration Act, 1908 does not list a power of attorney among the documents that must always be registered. But if the attorney will present a sale deed or other document for registration, Section 33 requires the POA to be executed before and authenticated by the Sub-Registrar where the principal lives. For property work, we always plan for authentication, so the deed goes through.
Can I buy property in India through a GPA?
No, a GPA alone does not make you the owner. In Suraj Lamp & Industries v State of Haryana, decided on 11 October 2011, the Supreme Court held that a power of attorney is not an instrument of transfer of any right, title or interest in immovable property. Here is the catch: ownership passes only through a registered sale deed. A POA can still authorise someone to sign that deed for the owner.
How can an NRI give a power of attorney from abroad?
The NRI signs the POA before a notary, court, Indian consul or vice-consul in the country of residence, as Section 33(1) of the Registration Act allows. The signed original is sent to India. Under Section 18 of the Stamp Act, it must be stamped within three months after it is first received in India. We send you the draft, guide the signing abroad and handle stamping here. In practice, a property sale by an NRI also has a tax side, which we cover through the NRI return filing for that year.
What is the difference between a general and a special POA?
A general POA covers many matters; a special POA covers one task. A general POA might let a son manage all of a parent’s banking and property affairs. A special POA might let him sell one named flat only. A special POA carries less risk of misuse. We suggest the narrowest POA that gets your work done.
How do I cancel a power of attorney?
You revoke it in writing. Section 201 of the Indian Contract Act lets the principal end the agency by revoking the authority. Execute a revocation deed, register it if the original POA was registered, and send notice to the attorney and to the banks or offices that hold the POA. Until they get notice, they may still deal with the attorney. We draft the deed and the notices together.
Does a power of attorney end when the principal dies?
Yes. Under Section 201 of the Indian Contract Act, an agency ends when either the principal or the agent dies or becomes of unsound mind. After the principal’s death, the attorney cannot sign anything on that POA. The estate then passes by will or succession law. If a parent is ageing, a will drafted alongside the POA keeps the family on safe ground.
What is an irrevocable power of attorney?
It is a POA given where the attorney has an interest in the subject matter itself. Section 202 of the Indian Contract Act says that such an agency cannot, without an express contract, be ended to the prejudice of that interest. Even so, it does not transfer ownership, as Suraj Lamp made clear. We explain the effect before you sign anything called irrevocable.
How much stamp duty is payable on a power of attorney?
It depends on the state and the type of POA. Each state sets its own rates under the Indian Stamp Act, 1899, and a POA to sell property can attract a different rate from one that only manages it. In Haryana, e-stamp paper is generated against a GRN on the e-GRAS portal. We confirm the current rate for your POA before buying the paper.
Can Taxhint represent me in court through a POA?
No, Taxhint does not appear in court. We draft the POA so your attorney can instruct a lawyer, sign papers and attend to the case on your behalf. A practising advocate then files and argues the matter, and we coordinate with that advocate and keep the papers in order. You get one point of contact for the paperwork from start to finish.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government costs are stamp duty at your state’s rate and, where the POA is registered or authenticated, the Sub-Registrar’s fee.
Ready to begin?
Tell us who should act for you and for what, and we will draft a POA that banks and Sub-Registrars accept.