पावर ऑफ अटॉर्नी (NRI सहित) कैसे बनवाएँ
At a glance
- Law
- Powers of Attorney Act, 1882 · Registration Act, 1908 · Indian Stamp Act, 1899
- Who
- Owners abroad or outside Bihar, elderly owners, co-owners
- Where
- Sub-Registrar · Indian Embassy or notary + apostille abroad
- Time
- 1–3 days in India · 2–4 weeks for NRIs
What it is
A document by which a person (the principal) authorises another person (the attorney or agent) to act on his or her behalf. It is used to sell or manage land, appear before registry and revenue offices, operate bank matters, or conduct cases. It is governed by the Powers of Attorney Act, 1882 and the law of agency in the Indian Contract Act, 1872.
Who uses it most
Persons living abroad or outside Bihar, elderly or unwell owners, and co-owners who wish one family member to act for all.
Types of power of attorney
- Special Power of Attorney: for one specific act, such as selling a particular plot or executing one deed
- General Power of Attorney: for a range of acts, such as managing all properties or handling all bank and revenue matters
Process: principal in India
- 1
Drafting
Draft the power of attorney, naming the attorney and listing the exact powers, with full property details where it concerns land.
- 2
Execution
Execute it on stamp paper of the value prescribed in Bihar.
- 3
RegistrationSections 32, 33
Where it concerns land, registration before the Sub-Registrar is strongly advisable. A Sub-Registrar will ordinarily act on a power of attorney to register a sale only if it is registered or duly authenticated.
Process: principal abroad (NRI)
- 1
Drafting in India
Draft the power of attorney in India and send it to the principal.
- 2
Signing and attestation abroad
The principal signs it before the Indian Embassy or Consulate, which attests it. Alternatively, the principal signs it before a local notary, and the document is apostilled where that country is a party to the Hague Apostille Convention.
- 3
Original sent to India
The original is sent to India.
- 4
Stamp adjudicationSection 18, Stamp Act
Within three months of its receipt in India, it is presented to the Collector or the stamp authority for payment of stamp duty (adjudication).
- 5
Registration or authentication
It is then registered or authenticated before the Sub-Registrar for use in property matters.
Documents required
Checklist · 5 items- Draft power of attorney
- Identity proof of the principal (passport for an NRI, with visa or residence permit) and of the attorney
- Passport-size photographs of the principal and the attorney
- Property details: khata, khesra, area and title documents, where the power concerns land
- Two witnesses' identity proof
Time usually taken
1 to 3 days in India · 2 to 4 weeks for an NRI principal
In India, ordinarily one to three days. For an NRI principal, ordinarily two to four weeks, including embassy attestation, courier and stamp adjudication.
Points to remember
- 01A sale through a power of attorney, or a “GPA sale”, does not transfer ownership. Only a registered sale deed executed by the owner or the attorney on the owner's behalf does (Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656).
- 02A power of attorney ends on the death of the principal, or on revocation. A registered revocation deed and notice to the attorney are advisable.
- 03Give only the powers actually needed; a narrowly drafted special power of attorney is safer than a wide general one.
Frequently asked questions
How can an NRI give a power of attorney for property in Bihar?
The principal signs it before the Indian Embassy or Consulate, or before a local notary with an apostille. The original is sent to India, presented for stamp adjudication within three months of receipt, and then registered or authenticated before the Sub-Registrar.
Does a sale through a power of attorney transfer ownership?
No. Only a registered sale deed executed by the owner, or by the attorney on the owner's behalf, transfers ownership (Suraj Lamp & Industries v. State of Haryana (2012)).
When does a power of attorney come to an end?
On the death of the principal, or on revocation. A registered revocation deed and notice to the attorney are advisable.
Which is safer: a special or a general power of attorney?
A narrowly drafted special power of attorney, giving only the powers actually needed, is safer than a wide general one.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation