How to Draft a Power of Attorney (POA) in India – Format & Legal Use
How to Draft a Power of Attorney (POA) in India – Format & Legal Use
Introduction
A Power of Attorney (POA) is a legal document that allows one person to act on behalf of another in legal, financial, or property matters. Whether you’re abroad, elderly, or unavailable, a properly drafted POA can protect your rights and ensure smooth decision-making.
?? What is a Power of Attorney?
It is a written authorization where the Principal (giver) allows an Agent (receiver) to act on their behalf in specified matters like:
Buying or selling property
Managing bank accounts
Appearing in court
Handling legal formalities
?? Types of Power of Attorney
Type Purpose
General POA - Broad authority: to manage everything on your behalf
Special POA - Specific task: e.g., to sell one house or appear in one case
Durable POA - Stays valid even if the principal becomes mentally incapable
Revocable/Irrevocable POA - Can be cancelled or cannot be cancelled unless agreed
? When Do You Need a POA?
NRIs selling property in India
Elderly parents delegating rights to children
Business partners giving rights to sign documents
Authorizing someone for court appearance
Absentee landlord or buyer
?? Legal Requirements for a Valid POA
To make a POA legally valid in India:
Must be on stamp paper (Rs. 100 or as per State law)
Must be signed by the principal
Should be attested by two witnesses
Must be notarized or registered (especially for property matters)
For NRIs: Must be attested at Indian Consulate, then adjudicated in India
?? Sample Format of Special Power of Attorney
SPECIAL POWER OF ATTORNEY
I, Mr./Ms. [Your Full Name], aged __ years, residing at [Full Address], do hereby appoint Mr./Ms. [Agent’s Full Name], aged __ years, residing at [Agent’s Address], as my lawful Attorney to do the following:
1. To appear and represent me in Civil Suit No. _____/____ pending before the Hon’ble Court at __________.
2. To sign documents, affidavits, and petitions on my behalf.
3. To engage any advocate for the said matter.
I confirm that acts done by my Attorney shall be binding upon me.
Executed at [City] on this __ day of ________, 20__.
[Signature of Principal]
[Signature of Witnesses]
?? How to Register a POA
Prepare the POA on stamp paper.
Get two witnesses to sign.
Visit the Sub-Registrar Office (if for property).
Submit ID proof and biometrics.
Collect the registered POA document.
?? NRIs must get POA attested at Indian Embassy, then adjudicate it in India under Section 18 of the Indian Stamp Act.
? When Can POA Be Cancelled?
You can revoke it:
By sending a Revocation Notice in writing
By publishing a public notice in newspaper
Automatically ends on death or incapacity of principal
?? Misuse of POA – Legal Remedies
If an agent acts beyond authority or cheats the principal:
You can file a civil suit for cancellation of POA
Lodge criminal complaint for cheating under Section 420 IPC
Seek injunction in urgent cases to prevent misuse
Conclusion
A Power of Attorney is a powerful yet delicate instrument. A carefully drafted POA ensures your interests are protected even in your absence. Always consult a lawyer to draft a POA tailored to your needs and circumstances.
