How to Get Power of Attorney (POA) in India — Types, Registration & Format

A Power of Attorney (POA) is a legal document that authorises one person (the agent or attorney-in-fact) to act on behalf of another (the principal). Governed primarily by the Powers of Attorney Act, 1882 and the Indian Stamp Act, 1899, a POA is essential when you cannot be physically present to handle legal, financial, or property matters.

Whether you're an NRI managing property back home, an elderly parent delegating financial decisions, or a business owner authorising a representative — understanding how POA works in India can save you significant time, money, and legal trouble.

When Do You Need a Power of Attorney?

A POA is commonly used in the following situations:

• Property transactions — buying, selling, leasing, or managing real estate on someone's behalf
• NRI property management — when non-resident Indians need someone in India to handle their assets
• Bank and financial operations — operating accounts, managing investments, collecting rent
• Business representation — signing contracts, attending meetings, filing regulatory documents
• Legal proceedings — appearing in court or before government authorities
• Medical decisions — authorising healthcare choices when the principal is incapacitated
• Vehicle registration and transfers — handling RTO formalities

If you're also dealing with property transfers after inheritance, see our guide on how to apply for a succession certificate.

Types of Power of Attorney in India

General Power of Attorney (GPA)

A GPA grants broad authority to the agent to act on behalf of the principal across multiple matters — managing property, handling bank accounts, conducting business, and more. It is commonly used when the principal is away for an extended period.

Special Power of Attorney (SPA)

An SPA authorises the agent to perform one specific act or transaction — such as selling a particular property or representing the principal in a specific court case. The authority terminates once the task is completed.

Durable Power of Attorney

A regular POA becomes invalid if the principal becomes mentally incapacitated. A durable POA includes a specific clause stating that the authority survives the principal's mental incapacity. This is critical for elderly care planning.

Registered Power of Attorney

While not all POAs require registration, a registered POA is one that has been formally recorded at the Sub-Registrar's office. Registration is mandatory for POAs involving immovable property transactions in most states.

How to Draft a Power of Attorney

Essential Elements of a Valid POA

Every POA document must include:

1. Principal's details — full name, address, Aadhaar/PAN, passport (for NRIs)
2. Agent's details — full name, address, identification documents
3. Scope of authority — clearly defined powers being granted (specific or general)
4. Duration — whether time-bound or open-ended
5. Conditions and limitations — any restrictions on the agent's authority
6. Revocation clause — terms under which the POA can be cancelled
7. Signature of the principal — executed in the presence of two witnesses
8. Witness details — names, addresses, and signatures of two witnesses

Sample POA Format (Key Clauses)

While templates vary, a standard POA includes these sections:

• Preamble — "I, [Principal Name], hereby appoint [Agent Name] as my lawful attorney..."
• Powers granted — itemised list of specific authorities
• Validity period — "This POA shall remain valid until [date/event] or until revoked"
• Governing law — "This document is governed by the Powers of Attorney Act, 1882"
• Execution — signatures of principal, agent, and witnesses with date and place

Tip: Always get the POA drafted or reviewed by a qualified lawyer. Ambiguous language can lead to misuse or legal disputes.

POA Registration Process in India

Step-by-Step Registration at Sub-Registrar's Office

Step 1: Draft the POA Get the document prepared by a lawyer with all essential clauses and details.

Step 2: Purchase stamp paper Buy non-judicial stamp paper of the value prescribed by your state (see stamp duty table below).

Step 3: Execute the document The principal signs the POA on stamp paper in the presence of two witnesses. All parties sign.

Step 4: Visit the Sub-Registrar's office Both the principal and agent (or their representatives) must appear before the Sub-Registrar with:

• Original POA on stamp paper
• Identity proofs (Aadhaar, PAN, passport)
• Passport-size photographs
• Registration fee

Step 5: Verification and registration The Sub-Registrar verifies identities, records the document, and issues a registration number. The registered POA is returned with endorsements.

Need Aadhaar for the registration process? Here's how to apply for an Aadhaar card.

Documents Required for POA Registration

• Original POA on appropriate stamp paper
• Aadhaar card of principal and agent
• PAN card of both parties
• Passport (mandatory for NRIs)
• Passport-size photographs (2 each)
• Address proof of both parties
• Property documents (if POA relates to property)
• Two witnesses with valid ID proof

Stamp Duty on Power of Attorney by State

Stamp duty varies significantly across Indian states. Here are the indicative rates:

Note: Maharashtra charges stamp duty on GPA for property at the same rate as a conveyance deed. Always verify current rates with your local Sub-Registrar or state registration portal.

POA for Property Transactions

A Power of Attorney is widely used in Indian property dealings, but it comes with important legal nuances:

• A GPA sale is NOT a valid sale. The Supreme Court of India in Suraj Lamp & Industries vs State of Haryana (2012) ruled that property transfers through GPA without a registered sale deed are not legally valid.
• A POA can be used to execute a sale deed on behalf of the principal, but the actual sale deed must be registered under the Registration Act.
• POA holders can manage property — collect rent, pay taxes, handle maintenance — but cannot claim ownership through the POA alone.
• For property registration, the POA must be registered and attested.

Key Precautions for Property POA

1. Clearly specify the property details (survey number, address, area) in the POA
2. Mention the exact powers — whether the agent can sell, mortgage, lease, or only manage
3. Always register the POA at the Sub-Registrar's office
4. Verify the agent's credentials and trustworthiness
5. Set an expiry date to limit risk

NRI Power of Attorney — Executed Abroad

NRIs who cannot travel to India can execute a POA in their country of residence. The process involves:

Execution Process for NRIs

1. Draft the POA with an Indian lawyer familiar with the relevant state laws
2. Print on plain paper (stamp paper is not available abroad)
3. Notarise the document before a Notary Public in the country of residence
4. Attest at the Indian Embassy/Consulate — get the POA apostilled or authenticated
5. Send to India — the original document is couriered to the agent or a trusted person in India

Adjudication of NRI POA

Since the POA is executed on plain paper abroad, it must be adjudicated (stamped) in India:

• Submit the POA to the Collector or District Magistrate within three months of receipt in India
• Pay the applicable stamp duty for the relevant state
• The Collector endorses the document confirming adequate stamp duty has been paid
• Only after adjudication can the POA be used for property registration or legal proceedings

Important: An unadjudicated POA executed abroad is not admissible as evidence in Indian courts.

How to Revoke a Power of Attorney

A principal can revoke a POA at any time (unless it is an irrevocable POA coupled with interest). The revocation process:

1. Draft a Revocation Deed — stating the POA details, date of execution, and registration number
2. Execute on stamp paper — use the appropriate stamp value for your state
3. Register the revocation at the same Sub-Registrar's office where the original POA was registered
4. Notify the agent — send a written notice of revocation
5. Notify third parties — inform banks, registrars, and other institutions that relied on the POA
6. Publish in newspapers (recommended) — a public notice in a local and national newspaper provides additional legal protection

When Does a POA Automatically Terminate?

• Death of the principal or agent
• Mental incapacity of the principal (unless it's a durable POA)
• Completion of the specific task (for SPA)
• Expiry of the stated duration
• Insolvency of the principal

POA vs Will — Key Differences

Planning for succession? Learn about marriage certificates which may be required as supporting documents.

Frequently Asked Questions

Is registration of POA mandatory in India?

Registration is mandatory for POAs that authorise the agent to deal with immovable property (as per the Registration Act, 1908). For other POAs, registration is optional but strongly recommended for legal validity and evidentiary value.

Can a POA holder sell property in India?

A POA holder can execute a sale deed on behalf of the principal, but the sale deed itself must be registered. A property cannot be "sold" through a GPA alone — the Supreme Court has declared GPA sales invalid.

How long is a Power of Attorney valid?

A POA remains valid until it is revoked by the principal, the principal dies, or the specified duration expires. A Special POA terminates when the specific task is completed. There is no automatic expiry unless stated in the document.

Can an NRI execute a POA from abroad?

Yes. NRIs can execute a POA before a Notary Public in their country of residence, get it attested at the Indian Embassy or Consulate, and send it to India. The document must be adjudicated (stamped) within three months of arrival in India.

What is the cost of making a Power of Attorney in India?

The total cost includes stamp duty (₹50–₹5,000+ depending on state and type), lawyer fees (₹1,000–₹5,000 for drafting), registration fee (₹100–₹1,000), and notarisation charges. For NRI POAs, add consulate attestation fees (varies by country).

Can a Power of Attorney be revoked?

Yes, the principal can revoke a POA at any time by executing a Revocation Deed, registering it at the Sub-Registrar's office, and notifying the agent and all concerned third parties. Publishing a notice in newspapers is also recommended.

What happens to a POA after the principal's death?

A POA automatically becomes void upon the death of the principal. The agent loses all authority immediately. Any actions taken by the agent after the principal's death are legally invalid.