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Power of Attorney (POA)

Legal document authorising someone to act on your behalf

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๐Ÿ“ Reviewed by: India Docs Portal Editorial Team๐Ÿ“… Last updated: May 2026โœ… Sources: Official .gov.in portals

Quick Answer

๐Ÿ’ก A Power of Attorney (POA) is a legal document that authorises one person (the attorney/agent) to act on behalf of another (the donor/principal) in specified or all matters. In India, POAs are governed by the Powers of Attorney Act, 1882 and the Registration Act, 1908. A General POA grants broad authority for financial and legal matters and needs only notarisation. A Special POA used for property transactions must be registered with the Sub-Registrar. The POA automatically becomes invalid upon the death of the donor.

Quick Information

โฑ๏ธ Processing Time

Registration: 1 day; Stamp duty: varies by state and property value

๐Ÿ’ต Fees

Stamp duty: 1% - 5% of the transaction value depending on the state and type of POA

โœ… Eligibility

Any Indian citizen above 18 years of sound mind can execute a POA. The attorney (agent) must also be above 18 and of sound mind.

Who Needs This Document?

Individuals who cannot be physically present for property transactions, bank operations, or legal proceedings, and want to delegate authority to a trusted person.

Required Documents

  • Identity proof of the principal (grantor)
  • Identity proof of the attorney (agent)
  • Two passport-size photographs of principal
  • Property documents (for property-related POA)
  • Stamp paper of appropriate value

How to Apply for Power of Attorney (POA)

1

Determine the Type of POA

Decide whether you need a General POA (all matters), Special POA (specific acts), or Limited/Irrevocable POA depending on the scope of powers to be delegated.

2

Purchase Stamp Paper

Buy non-judicial stamp paper of the value prescribed by your state government (ranges from โ‚น100 to โ‚น5,000+ based on the nature of the transaction).

3

Draft the POA Document

Clearly mention the principal's name, attorney's name, powers granted, duration, and any restrictions. Vague language can invalidate the POA.

4

Execute Before Notary or Sub-Registrar

Sign the POA in the presence of a notary public (for general POA) or at the Sub-Registrar's office (for special/irrevocable POA requiring registration).

5

Register the POA (if required)

For immovable property transactions, registration is mandatory under Section 17 of the Registration Act, 1908. Register at the local Sub-Registrar office.

6

Provide Copies to Attorney

Hand over the original or certified copy to the attorney so they can exercise the powers granted on your behalf.

๐Ÿ“ How to Update Power of Attorney (POA)

To revoke or modify a POA, execute a revocation deed and serve notice to the attorney. For a registered POA, file the revocation at the same Sub-Registrar office where the original was registered.

1

Execute Revocation Deed

Draft a revocation deed on stamp paper stating the POA reference number, date, and your intention to revoke it.

2

Sign Before Notary

Sign the revocation deed before a notary public.

3

File Revocation at Sub-Registrar

If the POA was registered, file the revocation at the same Sub-Registrar office.

4

Notify Third Parties

Send written intimation of the revocation to the attorney, banks, government offices, and any other institutions where the POA was being used.

5

Recover Original POA

Request the return of the original POA document from the attorney if possible.

โฌ‡๏ธ How to Download Power of Attorney (POA)

Standard POA format templates are available at government legal services portals, court service centres, and legal aid websites. For property-related POAs, consult a lawyer to ensure the document is correctly drafted.

1

Download Template

Obtain a standard POA format from the National Judicial Reference System, government legal aid portal, or legal websites.

2

Fill Details

Enter the principal's and attorney's details, the nature and scope of powers, duration, and any restrictions.

3

Get Lawyer Review

Have a lawyer review the draft to ensure it accurately reflects the intended scope and is legally enforceable.

4

Execute on Stamp Paper

Print or write the final version on appropriate stamp paper and sign before witnesses.

๐Ÿ” How to Check Power of Attorney (POA) Application Status

To verify if a registered POA is still active or has been revoked, you can check the Sub-Registrar's records or file a formal query with the registration office where it was registered.

1

Visit Sub-Registrar Office

Go to the registration office where the POA was registered.

2

File Search Application

Submit Form 16 (for index search) or a written application to search the records.

3

Obtain Certified Copy

Request a certified copy of the POA or the revocation deed if any has been filed.

โš ๏ธ Common Mistakes to Avoid

  • Granting overly broad powers without restrictions
  • Not registering a property-related POA (making it invalid for property transfer)
  • Not specifying the duration of the POA
  • Failing to notify relevant banks or authorities about the POA

Frequently Asked Questions

What is the difference between General POA and Special POA?

A General POA grants broad powers to handle all or multiple categories of your affairs. A Special POA is limited to specific acts such as selling a particular property or signing a specific document.

Is registration mandatory for a POA?

For General POA (financial/banking matters), notarisation is sufficient. For Special POA involving immovable property transactions, registration is mandatory under the Registration Act.

Can a POA be cancelled?

Yes. The principal can revoke a General or Special POA at any time by executing a revocation deed and intimating the attorney and relevant third parties in writing. An Irrevocable POA requires court intervention to revoke.

What is a Donee in a POA?

The donee (also called attorney-in-fact or agent) is the person who receives the authority to act on behalf of the donor/principal.

Can a POA be used after the principal's death?

No. A POA automatically terminates upon the death of the principal. After death, the legal heirs must obtain a succession certificate or legal heir certificate to deal with the estate.

๐Ÿ“„ Related Documents

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