India Power of Attorney
Also known as: General Power of Attorney (GPA) · Special Power of Attorney (SPA)
Generate a power of attorney tailored to India law. Our AI incorporates India-specific statutory requirements, disclosure obligations, and legal standards into every clause.
Power of Attorney
Also called: General Power of Attorney (GPA), Special Power of Attorney (SPA)
Legal Requirements
India Legal Requirements
Key India statutes and obligations that apply to your power of attorney.
Governed by the Powers of Attorney Act 1882 and the Registration Act 1908
A Power of Attorney involving immovable property must be registered under the Registration Act 1908
Registration requires: stamp duty (varies by state), presence before Sub-Registrar, and two witnesses
General Power of Attorney authorises broad powers; Specific/Special PoA is limited to defined transactions
For NRI (Non-Resident Indian) donors: PoA must be notarised and attested by Indian Consulate/Embassy abroad before use in India
Stamp duty on PoA for property transactions varies significantly by state — e.g., Maharashtra charges ₹100–500 for general PoA
Restrictions & Key Considerations
Supreme Court of India (2011 judgment — Suraj Lamp Industries case): PoA cannot be used to transfer immovable property as a substitute for a registered sale deed
PoA for registration of sale deeds: valid if properly executed and registered, but the PoA itself must be registered
An irrevocable PoA is only truly irrevocable if it is coupled with an interest (the attorney has an interest in the subject matter)
PoA automatically terminates on death, insolvency, or insanity of the donor (unless coupled with an interest)
FAQ
India Power of Attorney FAQ
Common questions about the power of attorney under India law.
Must a power of attorney be registered in India?
Not all PoAs require registration. A PoA relating to immovable property (e.g., authorising sale, lease, or mortgage) must be registered under Section 17 of the Registration Act 1908. Other PoAs may be notarised without registration. An unregistered PoA for property transactions may not be accepted by the Sub-Registrar.
How does an NRI create a valid power of attorney for use in India?
An NRI can execute a PoA outside India by signing it before a Notary Public in the country of residence. The PoA is then apostilled (if the country is an Hague Convention signatory) or attested by the Indian Consulate/Embassy. On arrival in India, it should be adjudicated (stamp duty paid) and may need registration for property-related transactions.
Can a PoA be used to sell property in India?
Yes, but with limitations. After the Supreme Court's 2011 ruling (Suraj Lamp Industries), a PoA sale is not a substitute for a registered sale deed. The attorney can sign and register a sale deed on behalf of the principal, but the transaction must be completed through a proper registered sale deed — not just a PoA transfer.
What is an irrevocable power of attorney in India?
An irrevocable PoA is one that cannot be cancelled by the donor — but it is only truly irrevocable in Indian law if it is given as security or if the attorney has a direct interest in the subject matter (a PoA 'coupled with an interest'). A bare PoA declared irrevocable can still be revoked by the donor, and terminates on death.
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Power of Attorney by Country
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