Authorise someone to act on your behalf for general financial, legal, and administrative matters.
Notary Public or Sub-Registrar. Used before any authority, court, or registration office.
Valid until revoked or principal's death. Acts done under it cannot be undone unless principal acted promptly.
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
A General Power of Attorney (GPA) is a legal instrument by which a person (the principal) authorises another person (the attorney/agent) to act on their behalf for a wide range of legal, financial, and personal matters. The GPA covers all the acts specified in the document — managing property, operating bank accounts, conducting business, signing documents, filing cases, and more. It is a broad authorisation, as opposed to a Special POA which is limited to a specific transaction.
Use a General POA when you will be away for an extended period (overseas, hospitalised) and need someone to manage all your affairs — property matters, bank transactions, legal proceedings, and business operations. Also used by NRIs to authorise a trusted family member or friend to manage their Indian assets.
Powers of Attorney are governed by the Powers of Attorney Act, 1882. Registration under the Registration Act, 1908 is mandatory for POAs related to immovable property transactions (Section 17 — sale, mortgage, lease). For banking and other purposes, a notarised POA is typically sufficient. The Supreme Court in Suraj Lamp and Industries v. State of Haryana (2011) significantly restricted the use of POA-based property sales — a POA authorised sale of immovable property cannot substitute for a registered Sale Deed.
An unregistered GPA for immovable property transactions is not legally valid for those transactions. Banks and government authorities have their own requirements — most require a notarised GPA at minimum, and some require registration.
Post the Supreme Court's ruling in Suraj Lamp (2011), a GPA authorised sale does not transfer title to immovable property. The attorney can only execute a registered Sale Deed on behalf of the principal — the GPA itself does not convey title. The Sale Deed must be registered in the principal's name through the attorney.
Registration is mandatory for GPAs related to immovable property transactions. For other purposes (banking, business), notarisation and sometimes consular attestation (for NRIs) is sufficient. A registered POA has evidentiary value that an unregistered one lacks.
Yes. An NRI can execute a GPA abroad by signing it before the Indian Consulate/Embassy (who attests it) or before a local Notary followed by apostille (for Hague Convention member countries). The attested/apostilled GPA must then be adjudicated (stamp duty paid) and registered upon arrival in India.
Yes. A principal can revoke a GPA at any time by executing a Revocation of POA deed and notifying the attorney. For registered GPAs, the revocation should also be registered. Third parties who acted in good faith before the revocation notice are protected.
A General POA grants authority for a wide range of acts. A Special POA (SPA) grants authority for a specific, defined transaction (e.g., only for selling a specific property). SPAs are safer as they limit the attorney's authority to the specified act.
A POA is automatically revoked upon the death of the principal (Section 201 Contract Act). Any acts performed by the attorney after the principal's death (without knowledge of the death) are protected under Section 208 of the Contract Act if done in good faith.
Yes, if the GPA expressly authorises filing and prosecuting legal proceedings. The GPA holder can sign vakalatnamas, file plaints, and represent the principal in court proceedings — provided the GPA specifically mentions this power.
Stamp duty varies by state and purpose. For GPAs authorising immovable property transactions: higher stamp duty (varies by state). For non-property GPAs: typically ₹100–₹500. In Maharashtra, a GPA authorising any transaction involving consideration is charged proportional stamp duty.
Please confirm all of the following before proceeding with your General POA document:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.