A power of attorney authorises another person to act on your behalf. It is commonly used for property matters, banking, litigation and when the principal lives outside India. The scope of the authority should be stated precisely.
We draft and review powers of attorney and advise on execution, stamping, registration and revocation.
What this covers
- General and special powers of attorney
- Powers of attorney for persons residing abroad
- Property-related powers of attorney
- Revocation of powers of attorney
How the process generally works
- Define the authority
We identify exactly which acts the attorney may perform.
- Execute correctly
Depending on the purpose, the document may need notarisation, stamping and registration. Documents signed abroad generally require authentication or apostille.
- Use and revoke
We advise on using the document and on revoking it when it is no longer required.
Relevant law
- Powers of Attorney Act, 1882
- Registration Act, 1908
- Gujarat Stamp Act, 1958
- Suraj Lamp and Industries v. State of Haryana (2011) on transfers through power of attorney
Common questions
Can property be sold using a power of attorney?
An attorney can execute a sale deed on the owner's behalf if expressly authorised. However, the Supreme Court has held that a general power of attorney sale, without a registered sale deed, does not transfer title.