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Power of Attorney (POA) in India – Types, Format & Revocation Process
- The Law Gurukul
- Jul 8
- 3 min read
Buying property, managing finances, or handling legal matters on behalf of someone else requires proper authorization. A Power of Attorney (POA) is a legal document that grants authority to a person (agent) to act on behalf of another (principal).
In this blog, we’ll explore:
✔ Types of POA in India
✔ Essential Clauses in a POA Format
✔ Registration & Stamp Duty Requirements
✔ How to Revoke a POA
1. What is a Power of Attorney (POA)?
A Power of Attorney (POA) is a legal instrument that allows an individual (the principal) to appoint another person (the agent or attorney-in-fact) to make decisions or perform legal actions on their behalf.
When is a POA Used?
Property transactions (buying/selling)
Banking & financial operations
Legal & court matters
Medical decisions (in case of incapacity)
NRI property management
2. Types of Power of Attorney in India
A. General Power of Attorney (GPA)
Grants broad powers to the agent for various tasks (financial, legal, property).
Used when the principal cannot manage affairs due to travel, health, or other reasons.
Risk: Agent can misuse authority if not trustworthy.
B. Special/Limited Power of Attorney (SPA)
Grants authority for a specific task (e.g., selling a property, signing a document).
Automatically ends once the task is completed.
Example: An NRI giving SPA to a relative to sell their property in India.
C. Durable Power of Attorney
Remains valid even if the principal becomes mentally incapacitated.
Commonly used for healthcare & financial decisions.
D. Medical Power of Attorney (Healthcare POA)
Allows an agent to make medical decisions if the principal is unable to do so.
Must comply with medical laws and hospital regulations.
3. POA Format & Essential Clauses
A valid POA in India should include:
✔ Principal & Agent Details (Names, Addresses, IDs)
✔ Type of POA (General/Special/Durable)
✔ Powers Granted (Specific or broad)
✔ Validity Period (If not specified, it remains valid until revoked)
✔ Notarization & Witnesses (Mandatory for legal acceptance)
Sample POA Format:
**POWER OF ATTORNEY**
I, [Principal’s Name], residing at [Address], hereby appoint [Agent’s Name], residing at [Address], as my lawful attorney to act on my behalf for [specific purpose/general matters].
**Powers Granted:**
1. To buy/sell/lease property at [Location].
2. To operate bank accounts & sign cheques.
3. To represent me in legal matters.
This POA shall remain in force until [Date/Event] unless revoked earlier.
**Principal’s Signature:** _________
**Agent’s Signature:** _________
**Witnesses (2):**
1. Name: ______, Signature: ______
2. Name: ______, Signature: ______
**Notarized & Registered at:** [Sub-Registrar Office] 4. Registration & Stamp Duty for POA
Is POA Registration Mandatory?
General POA: Not mandatory but recommended for legal validity.
Property-related POA: Must be registered if it involves transferring immovable property (under Section 17 of the Registration Act, 1908).
Stamp Duty on POA
Varies by state (typically ₹100 to ₹500 for non-property POA).
If POA involves property transactions, stamp duty may be 1-2% of the property value (depending on state laws).
Registration Process:
Draft the POA on appropriate stamp paper.
Visit the Sub-Registrar Office with:
Principal & Agent (or representative)
Two witnesses
ID Proof (Aadhaar, PAN, Passport)
Pay stamp duty & registration fees.
POA is signed, witnessed, and registered.
5. How to Revoke a Power of Attorney?
A POA can be revoked under the Indian Contract Act, 1872 and Power of Attorney Act, 1882.
Reasons for Revocation:
Principal no longer needs the agent.
Agent misuses authority.
Principal becomes mentally incapacitated (unless it’s a Durable POA).
Death of either party.
Steps to Revoke a POA:
Draft a Revocation Deed – Clearly state the POA is cancelled.
Notify the Agent in Writing – Send a legal notice.
Inform Concerned Authorities (Banks, Property Registrar, etc.).
Register the Revocation (If the original POA was registered).
6. Important Legal Considerations
POA Fraud: Verify agent’s credibility before signing.
NRIs: Must get POA notarized & apostilled if executed abroad.
Irrevocable POA: Rare, but possible if given for consideration (e.g., business contracts).
Final Thoughts
A Power of Attorney is a powerful legal tool that should be used carefully. Always:
✔ Choose a trustworthy agent.
✔ Specify limited powers if possible.
✔ Register property-related POAs.
✔ Revoke if no longer needed.
Download Templates
Need legal help drafting a POA? Consult a lawyer today!
Have questions? Ask in the comments! ⚖️
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