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Power Of Attorney In India: Meaning, Types, Uses, Registration & Legal Guide

Komal Bajpai

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Updated: 16-02-2026 at 3:30 PM

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500K+ Users

One of the most important legal documents in personal and property planning is a Power of Attorney (POA). It gives one person (the principal) a legal power to appoint another person (the agent or attorney-in-fact), to make decisions and take actions on his behalf in case of absence, incapacity, or if he is incapable of doing these duties.

A POA is commonly employed in property transactions, financial dealings and business affairs or where an individual resides in a foreign country. The importance of knowledge about the legal peculiarities of the power of attorney is expressed by the fact that every year in India, about 2-3 million power of attorney documents are concluded, particularly in the field of real estate and corporate activities.

This is a comprehensive guide on what a Power of Attorney is, the types of POA, the reason why it is used, legal requirements, registration policies, stamp duty and how it is possible to effectively prepare and use a POA.

Overview

Below is a quick snapshot of key aspects related to a Power of Attorney:

Particulars	Details
Documents Name	Power of Attorney (POA)
Purpose	Authorises someone to act on your behalf
Principal	Person granting authority
Agent/Attorney-in-Fact	Person receiving authority
Common Use Cases	Property, bank transactions, business, NRI representation
Types of POA	General, Special, Durable, Healthcare
Registration Required	Yes (for immovable property)
Stamp Duty	Applicable as per state laws
Revocable	Yes (unless stated otherwise)
Validity	Until revoked or as specified

Also Read: How To Determine Capital Gains From Selling An Under-Construction Property?

What Is A Power Of Attorney?

A Power of Attorney (POA) is a legal document where a certain individual (the agent/attorney-in-fact) is given the power by another individual (the principal) to decide and act on their behalf in certain issues.

Its application is particularly applicable in cases where the principal is incapable of participating physically, or it is impossible to do so. POA may include financial matters, property transfer, legal counsel and even health or business choices.

The concept is regulated by the Indian Contract Act, 1872, in India and other associated laws, wherein other conditions like stamp duty and registration are determined by the state laws.

Why Is A Power Of Attorney Used?

Hundreds of legal and practical purposes are the reasons why people resort to POAs to be directly represented.

Common Reasons Include:

Property Transactions: Permitting an individual to sell or administer immovable property.
Banking & Financial Affairs: Bank account, investments or loan applications.
NRI Representation: The right to transact business and manage property in India as per the Non-Resident Indians (NRIs).
Business Operations: Allowing the business partners to implement decisions.
Medical/legal Decisions: In the case of the sick or incapacitated principal.

As the trend of remote work and global mobility surged in 2023, POA execution grew by 1520 per cent (especially regarding NRI property transactions).

Types Of Power Of Attorney

The key types of POA offered in India and the general ways of their utilisationn are explained below:

1. General Power of Attorney (GPA)

General Power of Attorney is a wide grant to the agent to represent the principal in various issues, that is, the management of property, financial affairs, and the promulgation of legal documents. It is usually employed when the principal is staying temporarily overseas or is unable to conduct normal business.

2. Special Power of Attorney (SPA)

A Special Power of Attorney grants a limited purpose; that of selling a particular property or representing the principal in a particular legal issue. Real estate transactions incorporate the use of SPA.

3. Durable Power of Attorney

A Durable Power of Attorney does not lose its significance as soon as the principal becomes mentally incapacitated. This plays a role in how we plan our future health or age-related incapacity.

4. Healthcare/Medical Power of Attorney

This kind also grants the agent the power to make medical or health-related decisions on behalf of the principal in times when he or she, the principal, is unable to communicate the same.

These forms will be in line with the internationally recognised four major types of power of attorney, but modified to suit the Indian legal requirements.

Also Read: Unlocking Rural Prosperity With The SVAMITVA Scheme

Who Can Be An Agent?

The person who is assigned to act on behalf of the principal is referred to as the agent (or attorney-in-fact). No legal limitations on the agent being a lawyer exist; they may be:

A spouse.
One of the adult children.
A trusted relative.
A close friend.
A professional adviser.

Nevertheless, the agent should be honest, economically stable and sane. Indian courts consider the agent asa fiduciary, i.e. he or she should be honest, loyal and act in the best interest of the principal.

Stamp Duty Of Power Of Attorney And Registration.

Several peculiarities of the implementation of a POA in India are the stamp duty and registration:

Stamp Duty: It varies according to the state, and usually costs more when it comes to property.
Registration: This is required at the office of the sub-registrar in the case of a POA of immovable property.

To give an example, stamp duty imposed on GPA to be used in the sale of property in Maharashtra can be 3 to 6 per cent of the property value, unlike in other states, where it can be less.

The POA could be invalid in relation to property transactions when the appropriate stamp duty is not paid, or when they are not registered when they are supposed to be.

Power Of Attorney Validity

The validity of the POA document is subject to the way it is written. The following points explain how the Power Of Attorney can act in different circumstances:-

A General Power of Attorney usually continues in existence until it is revoked or the principal dies.
A Durable Power of Attorney is not subject to the incapacitation of the principal.
A Special Power of Attorney only has a duration, which is discussed as valid.
Dismissal is required to be reported to the agent and institutions.

Why Use A Power Of Attorney?

POAs are very important in planning and convenience. Read the following points to understand the importance of applicability:-

They also do not require the physical presence of the principal.
They avoid protracted court proceedings, such as guardianship of the incapacitated.
They enable the international representation, and it is particularly applicable when an NRI wants to use the Power of Attorney of NRI arrangements.

List Of Documents Required For Power Of Attorney

Preparation of the POA document requires the following documents to successfully attain the POA Certificate:-

Identity proof (PAN, Aadhaar).
Address proof.
Passport-size photographs.
Documentation of property (in case property issues were present).
Witness declarations and notarisation.
Registration receipts (where appropriate)

Conclusion

An Indian Power of Attorney is an effective legal document that provides flexibility, legal acceptance, and convenience in the management of financial, property or personal matters. The clarity of the drafting and compliance with the legislation is necessary regardless of whether the General Power of Attorney (GPA) is used, the Special Power of Attorney (SPA), or a special one that meets the needs of healthcare and NRI.

Knowing what the Power of Attorney rules concerning the legal aspects, stamp duty rules, registration, and responsibilities of the agent provides the assurance of the safety of interests and preclusion of disputes in the future.

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