Power of attorney
Added Last checked against India Code
A written authority by which one person (the principal) lets another (the agent or attorney) act in their name. It lets the agent act for the owner, but it does not by itself transfer ownership of property.
- Main law
- Powers-of-Attorney Act, 1882
- Ends on
- Revocation, renunciation, completion, death, unsound mind, insolvency
- Transfers ownership?
- No
- Stamp duty
- Article 48, state rates apply
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What it means
Section 1A of the Powers-of-Attorney Act, 1882 says a power of attorney includes any instrument that empowers a specified person to act for and in the name of the person who executes it. The person who gives the power is usually called the principal or donor, and the person who receives it is the agent, attorney or donee.
Section 2 of the same Act makes acts done by the agent within the power as effective in law as if the principal had done them. A power may be general, covering many kinds of acts, or special, limited to one task such as selling a named flat, presenting a document for registration or appearing in a particular matter.
A power of attorney is a form of agency, so the Indian Contract Act, 1872 governs when it ends. Under Section 201 an agency ends when the principal revokes it, the agent gives it up, the work is completed, either of them dies or becomes of unsound mind, or the principal is declared insolvent. Under Section 202, where the agent has an interest of their own in the property that the agency is about, the agency cannot be ended to the prejudice of that interest unless the contract says so.
A power of attorney is not a sale. In Suraj Lamp and Industries v State of Haryana (2011), the Supreme Court held that sales through a general power of attorney, an agreement to sell and a will do not convey title, and that immovable property can be transferred only by a registered deed of conveyance.
The law
| Current provision | Replaced |
|---|---|
| Sections 1A and 2, Powers-of-Attorney Act, 1882What a power of attorney is, and the effect of acts done under it | Still in force; not renumbered |
| Sections 201 and 202, Indian Contract Act, 1872When an agency ends, and when it cannot be revoked | Still in force; not renumbered |
| Section 33, Registration Act, 1908Powers of attorney recognised for presenting documents for registration | Still in force; not renumbered |
| Article 48, Schedule I, Indian Stamp Act, 1899Stamp duty on a power of attorney (states set their own rates) | Still in force; not renumbered |
When it matters
- You live abroad or in another city and need someone to sign papers, attend the sub-registrar office or deal with a bank for you.
- An elderly parent wants a family member to manage a property or pay bills on their behalf.
- Someone offers to sell you a flat "on GPA" instead of through a registered sale deed.
- You gave a power of attorney earlier and now want to cancel it because you no longer trust the agent.
Example
Meera works in Dubai and owns a flat in Pune that she wants to sell. She signs a special power of attorney in favour of her brother, executed before and authenticated by the Indian consulate, which authorises him to sign and register the sale deed. The buyer gets ownership from the registered sale deed signed by the brother as her attorney, not from the power of attorney itself.
Watch out for
- A power of attorney ends when the principal dies (Section 201 of the Contract Act). An agent who carries on dealing with the property after the death is no longer acting under a valid power.
- To present a document for registration, Section 33 of the Registration Act recognises only certain powers of attorney: one executed before and authenticated by the Registrar or Sub-Registrar where the principal lives, by a Magistrate in some cases, or, for a principal who lives outside India, by a Notary Public, court, judge, magistrate, Indian Consul or Vice-Consul or a Central Government representative.
- Stamp duty on a power of attorney depends on what it allows and on the state. Under the 1899 Act it falls under Article 48, which charges a power given for consideration to sell immovable property differently from one for a single transaction. Check your state's current rate.
- Buying property through a general power of attorney alone does not make you the owner. Insist on a registered sale deed.
Common questions
Can a power of attorney be cancelled?
Usually yes. Section 201 of the Indian Contract Act lets the principal revoke the authority. The exception is Section 202: where the agent has an interest of their own in the property, the agency cannot be ended to harm that interest unless the contract allows it. Tell the agent and the people they deal with in writing.
Does a power of attorney make the agent the owner of the property?
No. It only lets the agent act in the owner's name. The Supreme Court in Suraj Lamp and Industries v State of Haryana (2011) held that general power of attorney sales do not convey title, and that immovable property passes only by a registered deed of conveyance.
What happens to a power of attorney when the principal dies?
It ends. Section 201 of the Indian Contract Act says an agency is terminated when the principal or the agent dies or becomes of unsound mind. After that, the property passes by will or by succession law.
Dealing in property?
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Last checked against the official text on India Code on 10 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.