Power of Attorney in India: Meaning, Types and Legal Requirements

A power of attorney (POA) is a written document that lets one person, the agent or attorney, act for another, the principal. The Powers of Attorney Act, 1882 and the Indian Contract Act, 1872 govern it. A POA does not transfer ownership, and it ends when you revoke it, die or lose mental capacity.

Key facts

Principal and agent: roles and limits

Section 182 of the Contract Act defines an agent as a person employed to act for another, or to represent another in dealings with third persons. The person represented is the principal. Under Section 183, any adult of sound mind may appoint an agent. The principal is bound by what the agent does within the powers the document grants.

Section 2 of the Powers of Attorney Act lets the attorney sign in their own name “by the authority of” the donor. Anything signed that way is as effective as if the donor had signed it. The attorney cannot go beyond the listed powers. In Suraj Lamp & Industries v State of Haryana, the Supreme Court called a POA “creation of an agency”. It added that a POA “is not an instrument of transfer” of any right, title or interest in immovable property.

General vs special power of attorney

Stamp schedules also charge different rates for a single transaction and for acting “generally”. A special power of attorney format should name the property, account or case exactly, list each act allowed, and give an end date.

Durable and irrevocable POAs under Indian law

Some countries allow a “durable” POA that survives the principal’s loss of mental capacity. Section 201 of the Contract Act works the other way. It ends an agency when the principal revokes it, when the business is completed, or when either party dies or becomes of unsound mind. Insolvency of the principal also ends it. To plan for your estate after death, use a will; our guide to wills and succession explains how.

The main exception is Section 202. Where the agent has an interest in the property that is the subject of the agency, the agency cannot be terminated to the prejudice of that interest, unless a contract says otherwise. People call these “irrevocable” POAs. In Suraj Lamp, the Court said a POA is revocable at any time “unless it is made irrevocable in a manner known to law”.

What a POA document contains

No single official POA form exists. Banks, courts and housing societies often have their own formats, so ask before drafting.

Stamp duty, notarisation and registration

Stamp duty

Stamp duty depends on the state and the type of POA. Two published schedules show the range:

Most states run their own stamp Acts, so check your state’s schedule. Our stamp duty by state page lists property rates.

Notarisation

Under Section 8 of the Notaries Act, 1952, a notary can attest the execution of any instrument, for a fee capped at ₹35. A notarised POA is often enough for private and bank purposes.

When registration is required

Section 17 of the Registration Act lists the documents that must be registered, and a POA is not named there. Registration becomes necessary when the attorney will present documents, such as a sale deed, at a registry. Section 33 then recognises only these POAs:

1. If the principal lives where the Registration Act applies: executed before and authenticated by the Registrar or Sub-Registrar of the district where the principal lives.
2. If the principal lives in a part of India where the Act does not apply: executed before and authenticated by a Magistrate.
3. If the principal lives outside India: executed before and authenticated by a notary public, court, judge, magistrate, Indian consul or vice-consul, or a representative of the Central Government.

People too ill to travel, in jail or exempt from court appearance need not attend in the first two cases. NRIs should also read our NRI property rules. The property registration process page covers the registry visit.

GPA sales do not transfer ownership

In Suraj Lamp, the Supreme Court held that a sale agreement, GPA and will used together “does not convey any title nor create any interest in an immovable property”. Only a registered deed of conveyance does. The Court excluded genuine arrangements, such as a family member managing property or a landowner’s POA to a developer.

Revoking a power of attorney

1. Check whether Section 202 applies. If the attorney has an interest in the property, you may not be able to revoke it without their consent.
2. Execute a written deed of revocation that identifies the original POA by date, parties and any registration number.
3. If the original POA was registered or notarised, have the revocation registered or notarised in the same way. This is common practice, and registries may insist on it.
4. Send a copy to the attorney. Under Section 208, revocation takes effect for the agent only when the agent learns of it.
5. Send copies to banks, the registry, tenants and anyone else who dealt with the attorney. Third parties are not bound until they know of the revocation.

Section 207 says revocation can also be implied by conduct. For example, if you let your house yourself, you revoke an agent’s authority to let it. Under Section 3 of the Powers of Attorney Act, a person who pays or acts in good faith without knowing of the revocation or death is protected. For a POA involving property or large sums, get a lawyer to draft or review it.

Frequently asked questions

What is the meaning of power of attorney?

It is a written authority by which one person, the principal, appoints another, the attorney or agent, to act on their behalf in the matters it lists.

What is the difference between a general and a special power of attorney?

A general POA covers many transactions or your affairs generally. A special POA covers one named task and ends when that task is done.

Is registration of a power of attorney compulsory?

It is not on the Registration Act’s compulsory list. A POA used to present documents at a registry must be executed before and authenticated by the Sub-Registrar, and a registry may ask for more.

Can a POA holder sell my property?

Only if the POA expressly authorises the sale, and the sale must still go through a registered sale deed. The POA itself does not transfer ownership.

Does a power of attorney end when the principal dies?

Yes. Section 201 of the Contract Act ends an agency on the principal’s death or unsoundness of mind, subject to the Section 202 exception for an agent with an interest.

Where do I get power of attorney forms?

No single government form exists. Use the format of the bank, court or office where it will be used, or have a lawyer draft one.

Sources

• Powers of Attorney Act, 1882, Sections 2 and 3 — AdvocateKhoj bare act (checked 16 Sep 2026)
• Indian Contract Act, 1872, Sections 182, 183, 201, 202, 207 and 208 — AdvocateKhoj bare act (checked 16 Sep 2026)
• Registration Act, 1908, Sections 17 and 33 — AdvocateKhoj bare act (checked 16 Sep 2026)
• Indian Stamp Act, 1899, Schedule I, Article 48 — AdvocateKhoj bare act (checked 16 Sep 2026)
• Karnataka stamp duty list — StockHolding (SHCIL) (checked 16 Sep 2026)
• The Notaries Rules, 1956 — Notary Cell, Department of Legal Affairs (checked 16 Sep 2026)
• Notaries Act, 1952, Section 8 — AdvocateKhoj bare act (checked 16 Sep 2026)
• Suraj Lamp & Industries v State of Haryana (2011) — Supreme Court of India, via Indian Kanoon (checked 16 Sep 2026)