Complete Guide to Power of Attorney in India - Free Downloadable POA Templates in PDF and Word Format

Power of Attorney (POA) in India is governed by the Powers of Attorney Act, 1882, along with the Indian Stamp Act and Registration Act. Understanding these laws is crucial for creating legally valid and enforceable POA documents.

Legal Framework for POA in India

Governing Laws

• Powers of Attorney Act, 1882: Defines what constitutes a valid POA
• Indian Stamp Act, 1899: Determines stamp duty requirements
• Registration Act, 1908: Mandates registration for certain POAs
• Indian Contract Act, 1872: Governs agency relationships

Types of Power of Attorney in India

General Power of Attorney (GPA)

A GPA grants comprehensive powers to the agent to act on behalf of the principal in multiple matters.

#### Common Uses

• Managing bank accounts while abroad
• Handling property management
• Conducting business operations
• Dealing with government authorities
• Filing tax returns

#### Registration Requirement

GPA for immovable property transactions MUST be registered. The landmark Supreme Court judgment in Suraj Lamp Industries vs State of Haryana (2012) made this mandatory.

Special Power of Attorney (SPA)

An SPA grants limited powers for specific purposes and automatically expires upon completion of the designated task.

#### Common Uses

• Selling a specific property
• Appearing in court for a particular case
• Collecting specific documents
• Signing specific contracts
• Registering a vehicle

Stamp Duty Requirements Across Indian States

State-wise Rates for GPA

• Maharashtra: Rs. 500 (non-property) / 3% of property value (property-related)
• Delhi: Rs. 100 (non-property) / 3% of property value
• Karnataka: Rs. 200-500 (non-property) / 5% for property
• Tamil Nadu: Rs. 100-200 (non-property) / 4% for property
• West Bengal: Rs. 100 (non-property) / Applicable rate for property

SPA Stamp Duty

Generally lower than GPA, typically Rs. 100-500 depending on the state and purpose.

Registration Process in India

Documents Required

• Original POA on stamp paper
• Principal's Aadhaar card and PAN
• Agent's Aadhaar card
• Two passport-size photographs
• Two witnesses with Aadhaar
• Property documents (if property-related)

Process

1. Draft the POA with all required details
2. Purchase appropriate stamp paper
3. Execute the POA with signatures
4. Book appointment at Sub-Registrar's office
5. Both parties appear with witnesses
6. Biometric verification completed
7. Pay registration fee
8. Collect registered document

Landmark Supreme Court Judgments

Suraj Lamp Industries vs State of Haryana (2012)

This landmark judgment fundamentally changed property transactions in India:

Key Holdings:

• Property sales through GPA are NOT valid
• Only registered sale deeds transfer ownership
• GPA-based sales do not confer title
• Existing GPA sales are legally defective

Impact:

Millions of properties sold through GPA (especially in Delhi-NCR) now have clouded titles. Buyers must insist on proper sale deed registration.

Poonam vs Arvind Kumar (2019)

Delhi High Court clarified:

• POA holder cannot personally benefit from transactions
• Agent must act in principal's best interest
• Self-dealing is voidable at principal's option

Special Provisions for NRIs

Execution Abroad

NRIs can execute POA through:

• Indian Embassy or Consulate
• Notary Public in foreign country (with apostille)

Embassy Process

1. Schedule appointment with Indian Embassy
2. Carry passport, visa, overseas address proof
3. Draft POA as per requirements
4. Pay prescribed fees
5. Embassy attestation completed
6. Send to India for registration (if required)

Apostille for Common Law Countries

For countries under the Hague Convention, POA notarized abroad must be apostilled before use in India.

Revocation of POA in India

Steps for Revocation

1. Execute revocation deed on stamp paper
2. Get it notarized
3. Register if original POA was registered
4. Issue public notice in newspapers
5. Send registered notice to agent
6. Inform all third parties

Automatic Revocation

POA automatically terminates upon:

• Death of principal or agent
• Insolvency of principal
• Mental incapacity of principal
• Completion of purpose (for SPA)
• Expiry of specified period

Download Free Indian POA Templates

Our website offers free, fillable Power of Attorney templates for India in PDF and Word formats:

• General Power of Attorney
• Special Power of Attorney for Property Sale
• Special Power of Attorney for Bank Operations
• Special Power of Attorney for Vehicle Registration
• POA for NRIs
• Revocation of Power of Attorney

All templates include proper Aadhaar verification fields and comply with Indian legal requirements.