Power of Attorney

Before you sign a power of attorney

• The person giving the power (the principal) must be an adult of sound mind. A power of attorney signed by someone who cannot understand what they are signing can be challenged later.
• The person receiving the power (the attorney or agent) should be someone you trust completely, because they can sign, receive money and deal with offices in your name within the powers written in the document.
• A general power of attorney covers many acts, while a special power of attorney covers one task, such as selling one flat or attending one bank. Banks and registration offices often prefer a special power that names the exact property or account.
• A power of attorney does not transfer ownership of property. The Supreme Court in Suraj Lamp and Industries (2011) held that sale through GPA, agreement to sell and will does not convey title; the property must be sold by a registered sale deed.
• A power of attorney ends when the principal revokes it, dies or becomes of unsound mind. It cannot be used to act on behalf of a person after their death.
• A document signed outside India should be attested by an Indian embassy or consulate (or notarised and apostilled where accepted), and then stamped in India within three months of being received here.

What affects the total cost

• Stamp duty, which depends on the state and the type of power. A simple general power costs little, while a power to sell immovable property, especially in favour of a non-family member, can attract much higher duty.
• Registration fee at the Sub-Registrar office, where the power relates to immovable property and needs to be registered.
• Notary charges for powers that only need notarisation, such as for routine bank or office work.
• For NRIs, the embassy or consulate attestation charge abroad and courier costs for sending the original document to India for adjudication and stamping.
• Travel and visit charges if the principal is elderly or unwell and the registration office has to be requested for a home visit, where the rules allow it.

How long it takes

A notarised special power for a bank or office can usually be prepared and signed within two or three working days once the purpose is clear. A registered power for property takes longer because e-stamp paper has to be bought, an appointment booked at the Sub-Registrar office and both parties with two witnesses have to be present for photographs and biometrics. For NRIs, most of the time goes in getting the document attested abroad, couriering the original to India and getting it adjudicated and stamped. Delays usually come from mismatched names across ID documents, missing property papers or a holiday at the registration office.

Common mistakes to avoid

• Giving a vague general power with unlimited authority when only one task needs to be done, which exposes the principal to misuse.
• Treating a GPA as a substitute for a sale deed and paying full price to a seller who only holds a power of attorney from the real owner.
• Not writing the property address, khasra or flat number exactly as it appears in the title documents, so the registration office or bank rejects the power.
• Forgetting to revoke an old power of attorney formally, and not informing the bank, society or other party that it has been cancelled.
• NRIs sending a scanned copy instead of the original, or missing the three-month window for stamping a document executed abroad.

What you get at the end

You receive the signed original power of attorney, notarised or registered as needed, along with scanned copies. The attorney presents the original or a certified copy to the bank, Sub-Registrar, society, tax office or court where they act for you. Keep a record of every place the power has been used. If you later cancel it, a deed of revocation should be prepared and a copy sent to everyone who has relied on the power.

In Delhi NCR

• In Delhi, stamp duty is paid through e-stamp certificates issued via Stock Holding Corporation of India (SHCIL) and its authorised collection centres; physical stamp paper is no longer the normal route.
• Powers relating to property in Delhi are registered at the Sub-Registrar office that has jurisdiction over the area where the property is located, after booking an online appointment.
• Gurugram and Faridabad follow Haryana stamp and registration rules, and Noida and Ghaziabad follow Uttar Pradesh rules, so the stamp duty and procedure differ from Delhi even for the same type of power.
• Many Delhi banks and housing societies ask for their own format or wording for an operating power, so it helps to check with them before the final draft is signed.
• Outside Delhi NCR, the team can guide you online on drafting and the documents needed, and explain the local stamping and attestation steps where possible.