Power of Attorney

Legal drafting and registration support for a Power of Attorney authorising another person to act on your behalf in specified matters.

Service overview

Legal assistance for drafting, reviewing, executing, and, where required or appropriate, registering or authenticating a Power of Attorney (POA) through which a principal authorises another person, known as the agent or attorney-holder, to act on the principal’s behalf in specified legal, financial, property, or administrative matters
The Powers-of-Attorney Act, 1882 defines a Power of Attorney as an instrument empowering a specified person to act for and in the name of the person executing it

Individuals, property owners, business owners, companies, NRIs, senior citizens, persons who are unable to attend proceedings personally, and others who need an authorised representative to undertake specified acts on their behalf
It may be useful for property transactions, management of assets, banking or financial matters, business activities, representation before authorities, execution or presentation of documents, and other situations where the principal wishes to delegate defined authority without personally undertaking every action

WCP professionals support you with:

Assessment of the purpose and scope of the proposed authority, identification of the principal and proposed attorney-holder, drafting of specific or general powers as appropriate, review of limitations and safeguards, guidance on execution, witnessing, stamping, notarisation or registration requirements, and assistance with documentation required for use of the POA.
Where a Power of Attorney is intended to be used for presentation of registrable documents, the requirements of the Registration Act, 1908 concerning recognised powers of attorney should also be examined.

Drafting and initial review may generally be completed within an agreed professional timeline after receiving complete details and supporting documents.
The overall process depends on the nature and scope of the authority, whether the principal is in India or overseas, whether stamping, notarisation or registration is required, availability of appointments, and the requirements of the relevant authority or registration office.

Stamp duty, registration fees, notarisation charges, and other statutory costs depend on the State, nature of the Power of Attorney, relationship between the parties, transaction involved, and whether the document is required to be registered or authenticated.
The applicable costs therefore cannot be stated uniformly for all of India.
Where a POA is used for registration purposes, the Registration Act, 1908 provides specific requirements concerning execution and authentication of powers of attorney recognised for presentation of documents.
Key outcomes include a properly drafted and executed authority document and, where applicable, a stamped, notarised, registered, or otherwise authenticated POA suitable for its intended purpose.

The principal document is the Power of Attorney itself.
Depending on the purpose and jurisdiction, supporting registration applications, declarations, identification documents, stamp-duty documentation, notarisation records, property schedules, and authority-specific forms may be required.
Under Section 32 of the Registration Act, an agent duly authorised through a qualifying Power of Attorney may present certain documents for registration, while Section 33 specifies the categories of Power of Attorney recognised for this purpose.

The scope of authority should be clearly and precisely drafted to avoid unintended powers or disputes regarding the attorney-holder’s authority.
A POA authorises an agent to act on behalf of the principal and does not, by itself, constitute a transfer of ownership of property.
The Powers-of-Attorney Act, 1882 provides that acts done by the donee of a Power of Attorney under the authority granted may have the same legal effect as if done by the donor in the circumstances contemplated by the Act.
Where a POA is intended to enable an agent to present documents for registration, the applicable requirements under Sections 32 and 33 of the Registration Act must be satisfied.
Special care should be taken with irrevocability clauses, property-sale authority, financial powers, delegation or sub-delegation, conflict of interest, duration, and revocation provisions.

A Power of Attorney may be drafted as a general authority covering multiple matters or as a specific authority limited to a particular transaction, property, proceeding, or act.
The appropriate form depends on the intended use and applicable State requirements.
Where the principal resides outside India, additional execution and authentication requirements may apply, including authentication before a Notary Public, court, judge, magistrate, Indian Consul or Vice-Consul, or another recognised authority in the circumstances specified under Section 33 of the Registration Act.
The final document should therefore be tailored to the intended transaction and jurisdiction rather than relying on a generic internet template.

The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.

What is the difference between a general and special POA?

A general POA gives broad powers; a special POA is limited to specific acts, such as selling one property.

Must a POA be registered?

A POA relating to immovable property usually needs to be registered or authenticated, depending on the State and purpose.

How does an NRI give a POA?

By executing it abroad before an Indian consulate or notary with apostille, then having it adjudicated for stamp duty in India.

Does a POA end on death?

Yes. A power of attorney ends when the person who gave it dies.