Power of Attorney for property and matters in India

A Power of Attorney lets a person you trust sign, collect, file or appear on your behalf. Use it when you cannot be present yourself — whether you are in another city in India or living abroad.

This drafts the deed and tells you exactly how to make it valid from where you are — notarisation and stamping if you are in India, consulate attestation or apostille if you are abroad.

Read before you use a General POA. A General Power of Attorney over immovable property is the most commonly misused document in Indian property practice. If your need is one specific task — sell one flat, appear in one case, operate one account — grant a Special POA limited to that. It protects you, and it is what banks and sub-registrars actually expect.

1. What is it for

The purpose decides which powers the deed grants.

Describe it as precisely as you can. For property, include the full address.

2. You (the Principal)

The person granting the power. If you live abroad, use your overseas address.

Indian deeds identify a person as son, daughter or wife of someone.

3. Your attorney (the person acting for you)

The person who will act for you. Choose someone you would trust with the asset itself.

Stamp duty is set by the state.

Your draft

Making it valid — if you are in India

  1. Do not sign it yet. A POA is signed in front of the notary or registering officer, not before.
  2. Print it on stamp paper of the value your state prescribes, or pay the stamp duty by e-stamping. The rate is set by the state where it will be used, and differs sharply between a POA to a family member and one to an outsider.
  3. Sign before a Notary Public with two witnesses. Carry photo ID for everyone signing.
  4. Register it at the Sub-Registrar if it authorises sale of immovable property. Registration is generally required in that case; for letting, collection or representation it usually is not.

Making it valid — if you are abroad

  1. Do not sign it yet. A POA must be signed in front of the attesting officer, not before.
  2. Choose your route. Either sign before an officer at the Indian Embassy or Consulate, or sign before a local Notary Public and then obtain an Apostille if your country is party to the Hague Apostille Convention. The USA, UK, UAE, Australia, Singapore and most of Europe are.
  3. Send the original to India. A scan is not enough for property matters.
  4. Stamp it in India within three months of arrival. Your attorney presents it to the Collector of Stamps for adjudication. This step is the one people skip, and an unstamped POA can be refused.
  5. Register it if it authorises sale of immovable property. Registration is generally required in that case; for letting, collection or representation it usually is not.

This is an AI-generated draft and general information, not legal advice. Requirements vary by state and by what your bank, society or sub-registrar asks for. Have the draft checked by an advocate before you sign it. SimplifyLaw is not a law firm.