Power of attorney maker for NRIs
Create a draft power of attorney for selling, buying or managing property in India. You tick the powers you want to give, and the draft sets them out with limits for your protection. It is a starting point to review with an advocate before you sign anything.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Step 1: what it is for
Step 2: the powers you give
Give only the powers the job needs. You can make a separate document for later work.
Step 3: your details
Before you sign
A sale power should be specific
Name the one property, the acts allowed and a minimum price, and have the money paid only into your own account. A general power over everything you own is harder to control, and a buyer or Sub-Registrar may question it.
A power of attorney does not transfer title
In Suraj Lamp and Industries v State of Haryana (2011), the Supreme Court held that a power of attorney is not an instrument of transfer. Sales made through a power of attorney, an agreement and a will, without a registered deed, do not convey title. Your attorney can still sign a stamped and registered sale deed that passes title from you to the buyer. The Court said its remarks do not affect genuine uses, such as a power given to a spouse, child or other relative to manage your affairs or sign a deed.
Stamp duty and registration in Maharashtra
- A power to sell given without consideration to a listed close relative carries Rs 500 under Article 48. A power to sell given to anyone else, or for consideration, carries duty at the conveyance rate on market value.
- If the property is later conveyed to the person who held such a power, Article 48 reduces the duty on that conveyance by the duty already paid on the power.
- An irrevocable power relating to transfer of immovable property must be registered in Maharashtra. If the property is in another state, its own rules apply.
Signing and what comes next
Do not sign until you know the route for your country. How to sign it abroad sets out the notary, apostille or Indian mission steps and what your attorney does once it reaches India. More on property work through an attorney is on our page about managing property in India through a power of attorney. You can also book a call through the advocate check form above.
Common questions
Does a power of attorney transfer ownership of my property?
No. In Suraj Lamp and Industries v State of Haryana (2011), the Supreme Court said a power of attorney is not an instrument of transfer. It only lets your attorney act for you. Ownership passes through a stamped and registered sale deed, which your attorney may sign if the document allows it.
Why should a power of attorney for selling property be specific?
A specific document names one property and the acts allowed, such as signing the sale deed, which limits what your attorney can do. It also helps the Sub-Registrar and the buyer to see the authority clearly. Setting a minimum price and naming the bank account for the money adds further protection.
How much stamp duty applies to a power of attorney in Maharashtra?
Under Article 48 of the Maharashtra Stamp Act, a power to sell given without consideration to a listed close relative, such as a parent, spouse, child or sibling, carries Rs 500. For any other person, or where consideration is given, the duty follows the conveyance rate on market value.
Does a power of attorney need to be registered in Maharashtra?
An irrevocable power of attorney relating to transfer of immovable property must be registered in Maharashtra, under a state amendment to Section 17 of the Registration Act, 1908. Other powers may not need registration, yet a registry or bank may still ask for it. An advocate can confirm what applies to your property.
Can I cancel a power of attorney after giving it?
Yes. Section 201 of the Indian Contract Act, 1872 lets you revoke the authority, unless the power is irrevocable in a way the law accepts. Use a written cancellation, registered where the original was registered, and tell your attorney and anyone dealing with them, such as a buyer or tenant.
What happens to a power of attorney if the person giving it dies?
Under Section 201 of the Indian Contract Act, 1872, an agency ends when the principal or the agent dies or becomes of unsound mind. An ordinary power of attorney cannot then be used, so the attorney should stop and the heirs should take advice. Some irrevocable powers are treated differently.
- Suraj Lamp and Industries (P) Ltd v State of Haryana, (2012) 1 SCC 656, Supreme Court, 11 October 2011
- Maharashtra Stamp Act, Schedule I, Article 48, Inspector General of Registration, Maharashtra
- Registration Act, 1908, Section 33
- Indian Contract Act, 1872, Section 201
- Power of attorney in real estate transactions (Maharashtra registration rule), Shardul Amarchand Mangaldas, February 2023