Power of Attorney

What is a Power of Attorney?

A Power of Attorney (POA) is a legal document by which a person (the Principal/Grantor) grants authority to another person (the Agent/Attorney-in-Fact) to act on their behalf in legal, financial, or property matters. The agent can sign documents, execute contracts, and make decisions as if they were the principal.

A POA is governed by the Powers of Attorney Act, 1882 and the Registration Act, 1908 in India. For immovable property matters in Maharashtra, the POA must be registered at the Sub-Registrar's Office to be legally effective.

Types of Power of Attorney

📋

General POA (GPA)

Broad authority to act on behalf of the principal in all matters — financial, legal, and property-related.

🎯

Special POA (SPA)

Limited to specific acts — e.g., "to sell property at Survey No. X, Pune." Most commonly used.

⏰

Durable POA

Remains valid even if the principal becomes mentally incapacitated. Used in long-term planning.

✅

Irrevocable POA

Cannot be revoked by the principal. Used in specific property transactions as security.

When Do You Need a Power of Attorney?

NRIs: To authorize a trusted person to handle property sale, purchase, or lease in India
Outstation property owners: Who cannot personally appear for registration
Physically challenged or elderly persons: Who find it difficult to attend proceedings
Business matters: Director appointing an agent to handle company property
Inheritance & succession: Managing inherited property on behalf of legal heirs
Loan matters: Mortgage and home loan documentation

Key Powers That Can Be Granted

To sell, purchase, gift, or mortgage immovable property
To sign and execute sale deeds, lease deeds, and agreements
To receive or pay consideration amount
To appear before government offices and courts
To apply for and receive government certificates and permits
To represent in litigation and settlement matters
To manage bank accounts and financial transactions

Documents Required for POA Registration

Document	From
Aadhaar Card	Principal & Agent
PAN Card	Principal & Agent
Passport-size photos (2 each)	Principal & Agent
Passport (for NRIs, in addition to above)	Principal
Property documents (for property-specific POA)	Principal
Two witnesses with ID proof	Witnesses

POA by NRIs — Special Procedure

If the Principal (grantor) is residing abroad:

The POA must be executed in the country where the principal resides
It must be attested/notarized by the Indian Consulate/Embassy in that country
The POA is then sent to India and adjudicated with appropriate stamp duty
After adjudication, it can be used for registration purposes in Maharashtra

💡 We assist NRI clients with preparing the POA document, coordinating with the consulate, adjudication, and using the POA for property registration in Maharashtra.

Stamp Duty for POA in Maharashtra

For family members (without consideration): ₹500 flat
For property sale authorization (with consideration): 3% of consideration
General POA for financial matters: ₹500 to ₹5,000 depending on scope
Registration fee: ₹100 to ₹500 (varies by type)

Our Process

Understand your specific requirement and purpose
Draft a comprehensive and legally sound POA document
Both principal and agent review and approve
Execute on appropriate stamp paper with witnesses
Register at Sub-Registrar's Office
Certified copy provided to both parties