A Power of Attorney (POA) is a legal document that authorizes a person (the agent or attorney-in-fact) to act on behalf of another person (the principal) in financial, legal, or property matters. In India, a Power of Attorney plays a crucial role in managing assets, especially in real estate transactions, property transfer, and legal representation.

What is a Power of Attorney (POA)?

Why is Power of Attorney Important in India?

Whether you're managing property in India while living abroad (NRI), transferring property among family members, or delegating someone to sign legal documents, a POA makes it legally enforceable for someone else to act on your behalf. It is commonly used in:

• Buying or selling real estate

• Managing bank accounts

• Executing contracts

• Litigation or court representation

• Rent agreements and leasing

Types of Power of Attorney in India (2025)

✅ 1. General Power of Attorney (GPA)

Grants broad powers to the agent to act on behalf of the principal. It is typically used in property dealings, business transactions, and legal authorizations.

✅ 2. Special or Specific Power of Attorney (SPA)

Grants authority for a specific act or transaction — such as selling one property, collecting rent, or appearing in a particular legal case.

✅ 3. Durable Power of Attorney

Remains in effect even if the principal becomes mentally incapacitated. Useful for elderly parents, medical decisions, or long-term estate planning.

✅ 4. Medical Power of Attorney

Assigns someone the authority to make healthcare decisions if the principal becomes unable to do so.

✅ 5. Revocable and Irrevocable POA

• Revocable POA can be cancelled by the principal anytime.

• Irrevocable POA cannot be cancelled easily unless mutually agreed or legally challenged.

Understanding the different types of POA is essential for avoiding legal complications.

Any person 18 years or older, of sound mind, and not disqualified under Indian law, can execute a Power of Attorney. NRIs frequently use POAs to manage property in India or conduct legal and financial matters in their absence.

Who Can Give a Power of Attorney?

Power of Attorney in Real Estate Transactions

In India, POA is commonly used to:

• Buy and sell property

• Execute a sale deed

• Apply for mutation of land records

• Lease or rent property

• Collect rent or manage tenants

Legal Process to Make a Power of Attorney in India (2025)

Here’s a step-by-step process to create and register a POA:

🔹 Step 1: Draft the POA Document

You can draft a POA on a plain paper or stamp paper, mentioning:

• Name and details of the principal and agent

• Scope of powers being granted

• Duration or validity

• Clauses for revocation or limitations

🔹 Step 2: Notarize the Document

If the POA is being used for simple purposes (not involving property sale), notarization is often sufficient.

🔹 Step 3: Register the POA (Mandatory for Immovable Property)

If the POA involves transfer of immovable property, it must be registered at the local Sub-Registrar Office under the Registration Act, 1908. Required documents:

• Original POA document

• Identity proof of both parties

• Passport-size photographs

• Proof of address

• Stamp duty payment receipt

Legal ways to transfer property in India

Stamp duty charges vary from state to state. In general:

• For general POA: ₹100 – ₹500 (approx.)

• For property POA: 2%–5% of the property value in some states like Delhi, Maharashtra, Haryana, etc.

Tip: Use an online stamp duty calculator or check local state registration rules.

💰 Stamp Duty on Power of Attorney

🌍 NRI and Power of Attorney

For NRIs, POA is executed abroad, attested by the Indian Embassy, and later adjudicated in India within 90 days. NRIs commonly give POA to:

• Family members or relatives

• Property brokers or lawyers

• Legal representatives

A POA can be revoked through a revocation deed or written notice. However, if the POA is irrevocable, legal intervention may be required. Always:

• Inform the agent in writing

• Get revocation deed notarized or registered

• Publish in a local newspaper if necessary

How to Cancel a Power of Attorney?

Why You Should Consult Professionals

Power of Attorney in India, especially in property and legal matters, must be executed with full legal clarity. Improperly drafted or misused POAs can lead to property fraud, ownership disputes, and legal battles.

If you're planning to buy/sell property using POA, or want assistance in drafting and registration, consult our experts at The Fortune Realty Group (TFRG) — your trusted partner for property advisory, legal compliance, and real estate investment in Delhi-NCR.

Frequently Asked Questions (FAQ)

Can a property be sold using POA in 2025?

Only if POA is registered and executed with clear intent, and sale deed is properly registered, the transaction is valid.

Is e-POA or digital POA allowed in India?

Some states allow digitally signed POAs for limited purposes. Always check your local laws.

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We at TFRG specialize in property transfers, legal registrations, and real estate advisory in Chattarpur, Manesar, Gurgaon, and South Delhi.