Deeds and agreements

Power of attorney format

Drafting a general or special power of attorney in India: what it must contain, when registration is mandatory, stamp duty, revocation, and why a POA does not transfer title to property.

A power of attorney is an instrument under the Powers of Attorney Act, 1882 by which one person authorises another to act on their behalf. A general power of attorney confers wide authority; a special power of attorney is limited to a defined act or transaction. Where the instrument authorises the sale or other transfer of immovable property, registration is required, and a power of attorney executed abroad must be authenticated before a notary or an Indian consular officer. A power of attorney does not by itself convey title, as the Supreme Court held in Suraj Lamp and Industries v. State of Haryana.

Governed by
  • Powers of Attorney Act, 1882
  • Section 17, Registration Act, 1908 and Section 32/33 for authentication
  • Indian Stamp Act, 1899 and the corresponding State Stamp Acts
  • Suraj Lamp and Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656
Where it is filed
Not filed in court. Executed before, and where required registered with, the Sub-Registrar; a power of attorney executed abroad is authenticated before an Indian consular officer or a notary.
Who files it
The principal, who executes it in favour of the agent.

What a power of attorney must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Parties

    The principal and the agent, each with age, father's or husband's name, occupation and full address, and photographs where registration is involved.

  2. 2.Recital

    Why the power is being given: residence abroad, ill health, or the nature of the business to be transacted.

  3. 3.Powers conferred

    Each power set out separately and precisely: to appear before authorities, to operate accounts, to execute and register documents, to institute or defend proceedings, to receive money, to let out property. General words at the end do not enlarge specific powers.

  4. 4.Property description

    Where the power relates to specific property, a schedule with survey number, extent and boundaries.

  5. 5.Ratification

    The principal's undertaking to ratify all lawful acts done by the agent under the power.

  6. 6.Duration and revocation

    The period for which the power operates, and whether it is revocable, with the mode of revocation.

  7. 7.Execution and attestation

    Signature of the principal, acceptance by the agent, two attesting witnesses, and registration or consular authentication where required.

Mistakes that get this document returned

  • Giving a general power where a special power for one transaction was intended, creating far wider exposure.
  • Not registering a power of attorney that authorises sale of immovable property.
  • Treating a power of attorney as a transfer of title, contrary to Suraj Lamp.
  • No revocation clause and no communication of revocation, so third parties continue to deal with the agent.
  • A power executed abroad without consular authentication, which the Sub-Registrar will not accept.

Frequently asked questions

Does a power of attorney need to be registered in India?

A power of attorney authorising the sale or other transfer of immovable property requires registration. Other powers may be executed on stamp paper and notarised, though registration is prudent where the powers are wide.

Can property be sold through a general power of attorney?

An agent holding a duly executed and registered power of attorney can execute a sale deed on behalf of the principal, but the power of attorney itself does not transfer title. The Supreme Court in Suraj Lamp held that sale through a power of attorney, agreement and will does not convey ownership.

How is a power of attorney revoked?

By a deed of revocation, communicated to the agent and to the parties who have been dealing with the agent, and by registering the revocation where the original was registered.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.