Power of Attorney : A Review

Dhawesh Pahuja

Power of Attorney
Power of Attorney

1. Introduction: In the modern world where commerce and industry have assured large and long roles to play, the need for entering into contracts of agreements in relation to business and other transactions have become a common and necessary feature of daily life. As man became busier it became more and more necessary for him to depend on others for getting his things done. The hectic activities of the businessmen and industrialists have made the execution of power of attorney for delegating his functions. Granting a Power of Attorney is a legal process that involves the drafting of a document which assigns to another person the power to act as your legal representative. Principal should be careful while authorising an agent as attorney to avoid inconvenience and expense of any legal proceedings in the future.

2. The Statute: This act may be called as “POWER OF ATTORNEY ACT, 1882”, which was passed in the year 1882 on 24th feb and the act came into force on first day of May, 1882. This act applies to the whole of India except State of Jammu & Kashmir. The main aim of passing this statute is to make it easy for your designated attorney to access your finances and, in that way, take care of your property.

3. Definition: According to the ‘Section: 1A’ of “POWER OF ATTORNEY ACT, 1882”, “A ‘Power Of Attorney’ includes any instruments empowering a specified person to act for and in the name of the person executing it”.

4. Meaning: The term ‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

5. Importance of Power of Attorney: A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

6. Classification of Attorney: The Power of Attorney can be classified into two categories which includes:

I. General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

II. Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

III. Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.

7. Persons Competent To Execute: A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

8. Authentication of power of Attorney: As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

9. Presumption About Power of Attorney: A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

10. Language of The Power of Attorney: An instrument of power of attorney must always use the language known to the donor and if the donor is an illiterate person then scribe and identifier should explain all the contents of the document in the language known by the donor and it has to be certified by the donor that he has understood all the contents and then he has to put thumb mark on the document. Lastly the administrative officer will take the oath from the donor stating that he knows all the contents of the document and he knows the identifier. A sign and seal must be put by the administrative officer after complete verification of the document.

11. Original Documents To Be Verified: A power of attorney which is accurately authenticated by the notary or any magistrate, an affidavit has to be filed with all the original documents of the power of attorney authorising an agent to do certain acts. All the documents will be verified by the court and then court will register power of attorney by putting seal and sign. It is very much essential to make the power of attorney valid.

12. Powers of Attorney by Two or More Persons: A power of attorney may be executed by two or more persons jointly in favour of one or more persons and when there are several persons as attorneys a complete authorisation in letter to be given by one of them for acting severally. A clause should be included while drafting the deed of power of attorney that all the attorneys should act jointly or separately.

13. Duration of Granted Power: A general power of attorney remains in force unless expressly revoked or determined by the death of either of the party. A special power of attorney will be in force until the specified act is not completed. Duration of the power will depend upon the type of the attorney or there may be a fixed period of power granted by the principal which must be included in the deed.

14. Revocation of Power of Attorney: A power of attorney may be revoked at any time by the principal or donor by giving a written notice to the agent, unless it is for a particular fixed period. Revocation usually possible when principal dies or becomes insane or becomes bankrupt. The principal himself can revoke power of attorney if the business for which the agent was appointed is over as mutually agreed upon by the principal and agent. In case if principal has named a spouse or registered domestic partner as his agent, his or her authority to act under the power of attorney is automatically terminated in the event of divorce, legal separation or termination of the registered domestic partnership.

15. Registration: A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property i.e. charge in favour of donee. Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent. If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered. Registration of power of attorney authenticates the deed of power of attorney.

16. Stamp Duty: A power of attorney is chargeable under Section: 48 of Schedule 1 of the ‘Indian Stamp Act, 1899’. A stamp duty has to be paid compulsorily by the principal or donor in the jurisdictional registrar’s office.

17. Legal Powers Which Can Be Granted To The Attorney: Broadly speaking a power of attorney provides an agent “all powers that the principal has” to manage the principal’s financial affairs or make health care decisions may be enough for many purposes. An agent may be authorised to:

i. To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.

ii. To manage, compromise, settle, and adjust all matters pertaining to real estate.

iii. To lease, collect rents, grant, bargain, sell, or borrow and mortgage.

iv. To sell any and all shares of stocks, bonds, or other securities.

v. To file, sign all tax returns, insurance forms and any other documents.

vi. To enter into contacts, and to perform any contract, agreement, writing, or thing to make, sign, execute, and deliver, acknowledge any contract, agreement.

vii. To make health-care decisions for the donor or his minor children.

viii. To sue on behalf of the principal.

18. Qualifications of An Attorney: It is the duty of the Principal to appoint a responsible person as agent who should act with utmost good faith. An attorney is a person who has been appointed by the donor to act on his behalf. An ideal attorney is that who must be willing to act in that capacity and he has to be impartial having integrity. An attorney should be loyal to the donor and should not disclose any confidential matters related to the business.

19. Duties of The Attorney Holder: An attorney holder is a person who is authorised by donor legally. An attorney must not exceed the authority given under the power of attorney. If the attorney does exceed their authority, he or she may be liable for any damages suffered by the donor or others. The attorney may, however, do all those acts which are authorised, but only by a particular method, if the power of attorney so indicates. If there is a breach of any condition by the attorney then he shall be liable to the donor except in a case where he has acted reasonably. If there is some doubt as to the wording of the power of attorney, a solicitor should always be consulted. The attorney holder must also act towards the donor with the utmost good faith and tell the donor the nature and extent of any interest which may conflict with his or her duty. An attorney may pass on his or her powers and duties to another person but only if authorised to do so by the power of attorney

20. Other Related Aspects:

  1. Construction Rules: The general rule of power of attorney is that it should be strictly construed. Unless an express power is conferred on an agent to enter into contracts of guarantees on behalf of his principal or to execute or negotiate, negotiable instruments for his principal jointly with others. An agent cannot by his acts bind the principal to a larger extent than he is empowered to do under the power of attorney. He cannot be sued or otherwise held responsible for fraud by the agent. If the power does not authorise the agent to carry on a business except with limitations any act done by him in excess of such power will not bind the principal. For example power to dispose of property does not confer a power to mortgage the property. Power to manage immoveable property cannot permit principal’s ornaments which are a moveable proper.
  2.  Drafting of Power of Attorney: A deed of power of attorney must be construed so as to include all powers necessary for its execution. There is no legal requirement that a power of attorney be prepared or reviewed by a lawyer. However, if important powers are going to be given to an agent, it is wise to get individual legal advice before signing a complicated form. A person who signs a power of attorney without fully understanding what it means, and without considering risks and alternatives, is asking for trouble. So a power of attorney must be drafted carefully and after knowing all its clauses written in the deed document.
  3. Risk Involved In Granting Power of Attorney: With a power of attorney, an agent is often entrusted with important decisions. And the agent may have access to some or all of Principal’s money or other property. If the agent is not trustworthy, serious problems can result. For example, if the agent is dishonest and runs away with Principal’s money, it may be difficult or impossible to get the money back. An agent is not permitted to use principal’s property for his or her own benefit unless he is expressly authorised to do so. Also, a principal will ordinarily be bound by the agent’s acts (even foolish acts) and will be responsible for the agent’s negligence while the agent is acting for the principal. For example, if an agent is authorized to manage your financial affairs and signs a contract to purchase something on your behalf, you will ordinarily have to pay for it, like it or not. It is obviously important to choose a trustworthy agent; if no trustworthy candidate is available, a power of attorney should not serve its purpose.

21. Conclusion: A power of attorney is very essential legal document which can be admitted as a evidence in the court of law whenever there is any breach of trust by the attorney holder. It’s therefore essential that principal has great confidence in his designated attorney. An agents must be someone principal can trust, without reservation, to use his property for him and not for themselves, or anyone else.

0 thoughts on “Power of Attorney : A Review

  • G Praveen Kumar says:


    I am in USA and planning to buy property in INDIA by taking loan from BANK. Bank is asking me to give POA to someone in INDIA. If I give power of attorney to some one, can he sell the property without my intervention?
    I appreciate your hep.

  • Col vijay Kapoor says:

    Does a General Power of Attorney attested by the Indian embassy/ consulate abroad, needs to have a registered affidavit/ Declaration with the GPOA as an attachment even if the GPOA is Notorised in India and identity of the agents established.

  • Ramashankar says:

    I have one query. In case of a land purchase, is having registered GPA from seller to buyer is sufficient in all means (like construction or selling in future) or plot registry is still required over this GPA?

  • my grandfather was owner of property name of property belongs to him but my father sell property by his own authority meutation is that the grandfather has given him gp to sell .property sale on 1959 and grandfather has death on 1964 this transper of property is legal or not pls clear it


      i have purchased a plot in nsg society greater noida .through GPA holder. gpa was stamped and registered in sub registrar office. nsg society given noc and greater noida authority executed the transfer leease dead and mutation t my name. now nsg society is not issuing share certificate at my name and saying that orginal member not involved the society in appointing gpa holder. while plot is tripartiate. after execution of sub lease deed of plot at the name of orginal member by authority and society is it mendatory for member to involve society.

  • Anil Kumar Bhatia says:

    My father left 50% share to each brother and we have to register this in DDA. Mutation has been
    completed .My brother is a US citizen and wants to send a SPA in name of my sister for the purpose.
    Will this suffice. Does the SPA need to be attested in the US or a notarised document suffice? Pl. advise.

    • Christopher G says:

      HI Anil, SPA describing the particular property for which your sister is assigning the rights with suffice. The format will be with the concerned register office.

  • I was born in India and now acquired foreign citizenship (UK). Would it be possible for my brother who is having Indian citizenship, to give me a power of attorney to sell a land in India. As a foreign national would I be able to sell properties in India using this POW?

  • I took the power of attorney of my father’s proprietorship firm. now my doubt what will be my designation? what should i mention in my business card? proprietor or agent or manager?

  • Pranab Samanta says:

    We five land owners give Power of attorney to developer, who develop our land,after some days our 2 owners told me that they already cancel the power of attorney ,is it possible? how can we(other 3 owners) know ? how can developer also know that? please help me.

  • Can I give Power of attorney to my father to sell my property in Mira Road, Thane? He lives in Andheri Mumbai, and I will be in Mumbai next week, so where do I register it, Mira Road or Andheri

  • prince singh says:

    If a saving account of A & B having mode of operation E/S. A & B has appointed a POA. When a banker received a cheque signed by POA holder and simultaneously he received information of death of A. Whether he should pass the cheque or return unpaid …

    Prince Singh

  • Is there a sample for Affidavit of General Power of Atorney (GPA) that GPA has not been revoked/cancelled and original allottee is alive

  • dear sir my question is that principal lease holder died then on behalf of his poa some one cal sub lease or enter his own name in his property after 20 years

  • Dear Sir, Suppose I am serving abroad with my wife and want to buy a plot in India, can I give power of attorney to my father in law or I should make my wife as principal for giving power of attorney says:


  • office orders or notifications reference number and date that govern the issuance of power of attorney by an NRI presently living in UK, and the donee myself is in India

  • One mischievous person has made a fake power of attorney in the name of my father and uncle by using fake voter ID cards and fake photo of both of them for selling of lands belong to us.

    now on the basis of this he sold few lands to others and made new pattas.
    Pl tell the procedure to cancel this fake power of attorney and cancel these pattas issued to them o the basis of this fake PoA.

  • dear sir,can you please kindly advise a format for power of attorney for my case .my live in relationship partner(brazilian) who is going to give birth to my child in february in brazil and for the childs birth registration i will not be able to present personally because of my job(seamen,marine engineer).so in the absence of childs father during registraton the registration office in brazil is asking for a power of attorney to my spouse giving her the rights for the registration of my child.they are also asking to include the paternity declaration to the child from me in the same document.
    kindly advise me a contact or lawyer in india who can get this document prepared.
    thank you.

  • my father have a piece of land purchased during 1975 through power of Attorney given to elder brother by the younger brother and sister. After the death of elder brother one of the younger brother claiming that he had not given any power to his elder brother to the sale the property.In that case pls suggest any action to be taken by my father.

  • What if one of the owners take full consideration amount for undivided property in which he or she has 1/3 share. Then the owner become general power agent and register a deed of convayence and cheats other 2/3 owners. What to do?

    Summery: (In west bengal, India)

    X, Y & Z bought a undivided property in 2008.
    X Take full payment in 2013
    Then he become Power agent from other owners of 2/3 share in 2014
    X execute a deed of conveyance
    X did not pay any amount to Y or Z
    Neither the purchaser paid any amount to Y or Z
    Is this transaction complete?

  • Subhankar Karmakar says:

    Hello Dhwanesh! My mom is in a problem. Please guide.

    We are staying in house which is not sanctioned by municipality of south 24 Paraganas district of West Bengal. Situation as Follows:
    My brother, his wife and my mom purchased a property in their name with equivalent share in the year 2008.
    Then they went to partition suit in 2011 the case is in experty stage. My brother took and GPA to solve the matter in October 2014. # He died January 2015.
    We came to know that he had taken ‘N’ amount from Mr. X on 2013 before the GPA on oct’2014.
    Now suddenly we got a letter that he has registered the property through ‘deed of conveyance’ dated later October 2014 after he got the GPA with full consideration value received in 2013 from Mr. X (Purchaser)!!!
    My mom is nowhere now!!! What to do?
    Please guide.

    Summery as Follows:
    1. In 2008 X dag land with Y measurement purchased by in their name: Maa(Mother), Brother, Sister in Law (Wife of my brother) from an absolute owner(Family).
    2. They went for partition suit where my mom was Appellant in 2012 against Bro and His wife. Case is still alive and my brother and sister in law died 9 month back.
    3. He (Brother) took ‘N’ amount from as loan or advance in Nov’ 2013 without Mom and His wife written or legal consent.

    3. Now we came to know that my brother took a GPA (General Power Attorney) in october 2014 to resolve the matter and he sold whole property with that GPA! (GPA written in English my mother doesn’t know the English!
    4. Deed of conveyance showing that the consideration value of full amount received by my brother by 2013 (Before Executing GPA in 2014 – in GPA there is no such statement as READ ABOVE or he can register the property with consederation value received on 2013).
    5. In GPA there is nothing stated that He has taken any amount or can be transferred for his misdid or loan.
    6. In DOV (Deed of C.) there is nothing stated about prepayment or advance! But it is written that vendors went to an agreement/or understanding to sale and further. No agreement details are given!!
    7. Even there is nothing stated that my brother has entered into an agreement for sale in 2013 and/or received any part amount or full.
    8. My mother is now the sole owner as my brother and his wife deceased without any legal heir.
    9. My mom has her possession the property.
    10. Purchasers are offering less 10% of the valuation and to vacate the property and creating political pressure.

    Please guide. We are in trouble. We would like to know.

  • Hi,
    Does a GPA need to specify the relationship of the person to whom you give the attorney to?
    I have mentioned my mom’s name, but did not mention how she is related to me in the GPA. Will that be a problem?

  • Hi Dhawesh, I had a bank loan against my property from Indiabulls. I paid all the due and asked to return my property documents. As my brother had power of attorney, he went to pickup the documents from bank. He showed them the original power of attorney and was willing to provide a self attested copy of POA. However, Indiabulls didn’t accepted the copy and took the original and gave back the property documents. Me & my brother advised them that they can’t have the original POA as it will be used for the registration of my flat in my absence and it’s against the law as well. As per the Law, Original Power of Attorney can be kept safe with owner or the nominated person and no one else. Am I right, in asking my original power of attorney back from them ?

  • Rajneesh Kumar says:

    Dear Sir,
    Me and my brother own the property in joint and want to give Power of Attorney to our mother. We are living overseas but will be travelling to India soon. We plan to get everything done in India preferably Delhi instead of doing it in overseas Consulates.. Our property is located in Bihar and we want our mother to handle lease and rental agreements regarding the shops on that land. It will be very kind of you if you can help me with following questions :
    Do I have to execute Special POA or general POA?
    Does it need to be registered at a local office with SDO where property is located or can everything be done in Delhi through Notary without any of us requiring to travel to Bihar?
    Please email me if you require any further information.
    Thanks in advance
    Kind Regards
    Rajneesh Kumar

  • t.sampath kumar says:

    the developer keeping me in dark got executed sale cum GPA worth of 15 lakhs alongwith other sale deeds. But he has not paid any sale price/consideration. He is not paying the amount. Can i cancell or revoc the above sale/GPA.

  • I have a flat under contraction in my name and sons name. Temporarily he has gone abroad for few years. We intend selling flat after handing over . Should I take POA from him for selling or my signature will do since I am one of the joint account Iin this property. Which type of POA she he execute. Pl clarify

  • Ramesh.G.T
    I have one General Power of Attorney executed by my son during his visit to India in Dec- 2012, Specifically named S.B.I to avail Housing Loan, now my son is at US and it is Notarised in India. Now we want to purchase Brigade apartment.
    Pls guide me whether GPA is expired or it can be taken for granting loan.
    Bank people says that GPA will be valid up to six months only, we cannot accept the said GPA, for sanctioning Housing Loan. Pls get fresh GPA done at US and get it authorised in India. It is highly expensive.
    Please guide me future course of action to be taken

  • after expiry of POA date, the agreement made during a period when the POA was valid are still valid or POA needs to be extended? please ans

  • Hi, I have 6 months old baby and his father is no longer staying with us. Now he is planning to leave the country and I want him to provide me a power of attorney saying that I have full consent to process my baby’s legal documents without his signature and able to travel anywhere with the baby without any stoppages. Can you please help me to provide the draft for this please? Thanks.

  • Jafarullah Khan says:

    If I get a power of attorney from one or more person to handle their property to Pledge or to take loan Can I use this power of attorney to authorize a third party to pledge or take a loan by using this property

    For example( A+B+c+D) gives power of attorney to X

    Can X give the power of attorney to y to pledge the property to take a loan or mortgage

    Kindly clarify


  • If there is a clause drafted in general power of attorney that a GPA holders can act jointly or severally but there is no authorisation letter is given to any one of them . Can they act severally without authorisation letter ?

  • Dear Sir,

    I am the ‘Special Power of Attorney’ as excecuted by my co-brother who is at Canada and it is Notarised by authority at Windsor, Ontario, Canada. I have powers only for representation in Police, Corporation, Court proceedings , paying taxes, and not for any financial dealings. The Special Power of Attorney is not registered in Bangalore.

    Can I represent him in courts, to file a case or deal in any other litigation in the court?

  • Parminder Singh says:

    Hello Sir,
    My name is Parminder Singh. I signed general Power of attorney in India in 2012. but now i am in canada and now i want to cancle my poa which i signed in India. If I have to go to lawyer to make “revocation of poa” and get the signature of relevant commissioner in canada and witnesses also and then to indian consulate in canada? please tell me the appropriate procedure. I appreciate your help.

  • I have one General Power of Attorney excecuted by my brother who is at UK and it is Notarised by authority at London and same is Register before Collector Baroda
    We have some shares of our father of Tisco and they are not accepting this Power and insisting that my brother should sign No Objection Certificate himself and Poa is not acceptable.
    Pl advise me as every time is not possible to send papers to U K and resubmit to RTA Tsr Darashaw Mumbai

    Vikram pandit

  • Vinit Agarwal says:

    Can I give power of attorney to other person for sale of my property. The property of which I am not a registered owner but being alloted in my name from the Government of west bengal.

    Thanking you,

  • We have few questions.

    1) Who should buy stamp paper to execute GPA. i.e donor or donee?

    2) If GPA is jointly given by 6 persons and after 5 months one out of 6 persons dies then can GPA considered as valid document to carry on legal purchase of land after the demise of the person ??

    3)Can the legal heirs of the deceased joint donor confirm earlier executed GPA???

  • Sir:

    My parents jointly had given me power of attorney for each property they owned. My father has passed away recently. Does the power of attorney have to be changed? Can a single power of attorney document be made for all properties- for making leave and license agreements, electricity connections, sale of property etc. or does it have to be for each individual property.

  • Dear Sir,

    I am planning to purchase a property ,but the current owners sale deed represents a GPA validation done in 1999. The GPA is not registered. The owner purchased the plot in 2001. The plot is under HUDA layout.
    Please advice me if it is wise to purchase the plot , Will it create any legal problems in future.

    Thanks in advance for your valuable advices.

  • Can principal and PoA holder sign bank account operating instructions as ANY ONE i.e. Can bank account be operated as ANY ONE ( By Principal and OR PoA holder) simultaneously.

  • Pradip Banerjee says:

    Excellent and very lucidly explained. For persons not residing in the country is it a statutory requirement that the agent/s/ has /have to be blood relations of each of the principal(s) in case married couple(s) & want to grant POA in respect of a joint immovable property for the purpose of managing it ,to one of the parent in law (either boy’s or girl’s).

    • Brigadier Mahadevan G R says:

      My son-in-law is an NRI living in USA. He has a house in Bengaluru, India. Now he wants to sell the property. He is not in a position to come to India in person now to sell the house & register the sale deed to the prospective buyer. Can he give a special Power of Attorney to me though I am not his blood relation? The property stands in his name only. Kindly clarify. Thanks

  • Hello,

    I have apartment in Gujarat, I completed my loan already, now I want to take my original documents from bank, but I am in Canada, Already I prepared POA in Canada; But My Question is “Embassy verification” is still require ? or I just send it to India ? guide me!

    Thanks in advance!


    ThanQ Sir, for providing all the essential information regarding the Power of Attorney. Its very simple to understand for all laymen. Thanks once again.

  • My son is employeed in Johannesburg, SA. He is going to purchase a property in Pune, for which he has executed executant’s part of PoA before Indian consulate in Johannesburg in my favour and has sent that document of Poa to me. Please advise me as to what is the next step as regards affixing proper staamp duty and it’s registration so as to complete the document for completing the sale deed on his behalf. Please advise me ASAP…

  • When one gets POA from Indian Consulate in foreign country it is required to be stamped in local registrar’s office. Invariably they tell that it will be sent back to issuing consulate/embassy for verification. What is the rule for verification? I could not find this provision. Is it just to extract money. Can this POA be stamped by any registrar office in India or it is to be in place where property is located?

  • Hi everyone i’m Mathew age 22, i don’t have father and also mother passed last year. i have some money in bank and govt arrears for my mother, by the way we have a house also… now my relatives and others are eager up on these things; i have even fear on them because they may even kill me.. if they kill m also i need all property to go in an orphanage home not for them so please guide me the legal procedure to do….. plz…


  • one property of plot at namakkal my father give token amount but the dogement is not satisfactory the plot is grneralpower given to ravichendren and sitra (the plot is one form of company 12nos partnership and then 10 nos regien) to vijakumar, vijakumar sale his wife vijaya now vijaya sale the plot by some prockers via that prockers broght the mony . what I ask genrral power agent vijayakumar how he slae the plot to his wife vijaya its correct the law

  • I am giving “General Power of Attorney” to my relative in india for selling a property.The GPA is drafted for the specific purpose of selling this property. Will the GPA pose any future legal problems on other properties ?

  • Sir ur article is very informative , thanks a lot.But one thing is not clear is registration of GPOA of immovable property valued above rs.100 compulsory or only noterisation is sufficient.Plz. make this aspect clear as i am going for one GPOA soon.

  • power of attorney was given by my brother, my sister, and myself to our mother in the year 1994. my sister died on 2007 may there after with the help of our given power of attorney in the year 1994, my mother sold one of our property to third party without my knowledge . Whether the said sale is void or valid. please reply Regards

  • As per Indian Registration (Kerala Amendment), it is understood that even a POA has to be registered with sub-registrar of the station of execution. It is also heard that there are exceptions in the case of some power of attorney given by blood relatives (linial descendants or ascendants etc) under a particular notification of 2013. Can you please advice me the details of the notification in this respect please.

  • Can power of attorney also be obtained for realizing receivables against which we have financed. Does POA for operating an account require registration and payment of stamp duty.

  • My mother and me together have given a power of attorney to a person to sell our properties jn Jharkhand.In the power of attorney we have always mentioned the word ‘our properties’ but the attorney had fraudulently sold a self acquired property singularly held by my mother, Will that transaction be valid? What is the redressal? Sona

  • Dear sir,
    If GPA is given to Directors of the Comapny then what will happen to the validation of GPA if Director ceases to the Board/office.

  • RAJIVAN NAIR says:

    my father is inheriting property/land in kerala, he is now in chennai, he not in a position to go to kerala. now he is executing a power of attorney in my name,the POA has to be registered in chennai, the sub registrar is refusing to register saying there is no such provision, please clarify.

  • My son who bought a flat recently which is to be completed by two months and possession is being give is leaving india by next week (IInd week) of August 2013 on asinment and will be away for some time. If the builder calls for balance payment of 2% of total value and complete the possession formalities, whether i should take a General Power of Attorney ( notorised???) to approcah the blder and complete the formalities??


  • I have no parents, no siblings, legally divorced and have a daughter. I want to give a POA to a person for taking care of my properties, my personal affairs, health of myself and my daughter. which law is applicable? is this POA legal?

  • If a power of attorney is given to a company represented by it’s authorised signatory and if the company changed the authorised signatory, what is the procedure to change authorised signatory in the power of attorney. A resolution passed by the board of directors is enough? or we have to register another power of attorney with the newly appointed authorised signatory. Kindly clarify…

  • Subrata Gupta says:

    I have come to know that a POA has been notarized with my name as one of the principals for a jointly owned property. But I have not signed the POA. The POA shows that the space above my name is left blank ( I have somehow managed to get a copy of that notarized POA). Is the POA valid? How can a Notary Public authenticate such a faulty POA?

    • The Said POA will be be non grata for you so long as it remains so……( blank ) if you have not executed the POA any action on that basis by the POA holder is inavlid How ever sent a Registered notice stating that yoiu have not executed the said POA lodge a Compliant at the police station

  • Above referred power of attorney article under heading # 15 Registration “If a POA is in respect of an immovable property of value more than Rs 100 it must be registered”.
    Is this clause still applicable? Because my property has been sold in the year 2008 with a forged POA attested by a Notary. The POA was never registered.

  • my uncle as g.p.a holder given by sum ‘x” in the year 1992. till it is in force, But the problem is he as lost that original document it is not finding ,so that my question if any possible thing to do registration. so pls kindly reply.

  • Our father has applied for a plot under Delhi Development Athority’s Rohini Scheme. Which was allotted during July 2012. Since our father has passed away we wanted to change the title to our elder brother. For which DDA wanted a Special Power of Attorney. We got two of our legal heirs SPA from Karnataka, our mother and sister are in Kerala and the sub-registrar office issued a GPA instead. We have submitted and got the title changed last year and now that DDA is asking us to produce SPA in place of GPA. In the GPA I have been deputed both by my mother and sister. Now that I intend to bring them to Bangalore to make a SPA – My question is the GPA already registered at sub-registrar office Delhi is submitted and in DDA’s records, if a new SPA is made and deputed in my name whether the same will be valid or since I am holding a GPA for the same act the sub-registrar will reject. Kindly advise. Regards Subramanian

  • For a property (house) situated in trivandrum (kerala) there are nine stakeholders. Mother (the eldest) in Trivandrum; two daughters one in Bangalore and the other in Jamshedpur; two surviving daughter-in-laws with two major children for each in Mumbai. It is proposed that all the other eight stakeholders will execute a power of attorney to the eldest stakeholder ie the mother. Now the question, is it necessary the stakeholders have to come to Trivandrum to register the power of attorney or they can do the registration in their respective dwelling places.

    • The Answer lies in your Question itself what is the Point in Having A POA if the same need to be registerd at trivandrum nad all the Grantors Travel to Trivandrum for the Purpose they can do it where they are domiciled

  • I have a General P O A from my son. he asked me to redeem one of his mutual funds. I submitted all necessary documents to their local office. the coy. has rejected the request on the grounds that the POA does not have my signatures.
    pls advise if the holder of POA ‘s signature are necessary in the documents although I have shown my ID to the local office.

    thanks & regards

    • Power of Attorney is a non testamentary instrument unless complimented by a Testamentary instrument/will/ or mentioned as an executor of the will were in the evenet of the death of the grantor the grantee can execerc ise the same powers if the same is bequethed cin the will the POA will not survive beyond the Life time of the grantor . this is ansewred so assuming that by stating previous party is no more you mean he has passed away

  • when a power of attorney holder signing a document, any wording is required like signed by power of attorney holder etc.

  • I intend to construct a charitable building for the piligrims at Tiruvasi, a shivite holy place visited by Nalwars, near Tiruchi and intend to give a power of attorney to a local person. What type of Power of Attorney I should execute to avoid future risks

  • My father resides in Bangalore and has an old independent house in Chennai, which he wants to demolish and construct flats with the help of a property developer. In order to do this, he needs to execute a Power of Attorney, so that the builder can sell the flats. However, his poor health is not allowing him to travel from Karnataka to Tamil nadu to register the GPA. In that case, how do we proceed with the GPA part? Can he give a General Power of Attorney to me, so that I can execute the GPA required, in order to facilitate the developer to sell the remaining flats?

  • The scheduled mentioned property in “sale agreement cum general power of attorney” if the attorney holder deviates the GPA schedule property while selling it to others, is that sale document enforcable or un-enforcable?

  • Sir,
    For selling a flat (which is jointly held with wife and mother), can a power of attorney be used to execute the sale deed. This is required since now we are not in the city of flat, and thus don’t want to bother her to go along for this sale. Please help

  • I along with my two sons want to purchase a resident for family. To this effect we could manage 50% of cost and remaining 50% expected loan from banks. For this loan I approached to the bank and they agreed upon it. But to execute their all legal documents we all three required to sign the loan documents of the bank. To this purpose the bank asked me to obtain the Power of Attorneys from the both sons. My elder son is presently working in Australia from whom I can get a POA comparatively easily. But my younger son who is an junior officer in the army and presently posted in forward most post of Siachin which is not practicable either to leave the post or reached to the post by an ordinary/any civilians etc for completing the formalities of POA. For not able to submit POA/signing of bank loan documents granting of loan is not possible. Hence now there is defaulter situation for the non-payments of instalments to the Builder and consequently very high amount of penalties from the Builder is eminent. To this effect I tried to make all required documents prepared in all respect but unfortunately not knowing the procedure/stamp duties of J&K government (which is having special status in all respect). Also another practical difficulty is that any how the prepared documents can be delivered to my son at the post in Siachin but because of very nature of army duties where he can not leave the post in any situation and circumstances and hence can not appear before any Revenue Authorities who are competent to approve the POA. In this situation I would request for remedy on such this situation. Is there any relaxation for such circumstances such POA can be approved by Army’s Superior Officer or any other way out? Thanking you in anticipation.

  • it is a say of principal (executant)that POA is fraudlant, Admittedly ,POA is registerd documents,Now Agent can cancel the POA Ex party?,under Registrasation Act,? or Both party are ready to cancel it,What is a procedure?

  • Is a POA(Special) assigned in Puttucherry by the father, be executed in Chennai for sale of property by the son, both being french citizen who are on a visit.


  • dear sir
    1. is it mandatory to be registered a general power of attorney given for working of a firm in favor of it’s one partner by all the remaining partners.
    2. has it any time period of validity of a general POA.
    3. may such a POA holder give personal guarantee on behalf of all remaining partners(who have signed the POA) for the purpose of bank loans of the same firm. the general POA is for all needs of firm including loan documents and mortgage.

  • sir,can a person revoke general power of attornny cum sale under which he recieved entire consideration and delivered possession.what is the stamp duty payable on above said deed after 1-8-2010

    • A general power of attorney can be revokable or irrevokable based on the nature of the transaction.
      In your case as advance amount already received and possession delivered nature of the transaction makes the power of attorney irrevokable.
      A stamp duty which is always payable on the basis of value of the property and has to be paid to the jurisdictional sub-registrar.

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