Short answer: A power of attorney authorises someone to act for you within the powers actually written into it. It does not transfer ownership, it does not survive revocation or the death of the person granting it, and a sale 'through power of attorney' is not a substitute for a registered conveyance.
General versus special powers
A special power authorises defined acts in a defined matter — registering one sale deed, appearing in one proceeding, operating one account. A general power is broader and correspondingly riskier.
For most transactions a special power drafted for that transaction is both safer and less likely to be questioned by the authority that has to accept it.
Execution from outside India
Where the document is executed abroad, the attestation route depends on the country involved, and the instrument must then be dealt with under Indian stamp and registration requirements before use.
Errors here are the most common reason a power is refused at the counter, so confirm the exact route before signing anything.
Limits worth knowing
- It confers authority, not ownership; the agent acts for you and must account to you
- Acts outside the written powers are not binding on you and may be refused
- It can be revoked, and revocation should be communicated and recorded so third parties are on notice
- It generally comes to an end on the death of the person who granted it
- Transactions structured as sales 'by power of attorney' without a registered conveyance leave the buyer exposed
Frequently asked questions
- Does a power of attorney need to be registered?
- It depends on the powers granted and the transaction. Powers relating to certain dealings with immovable property attract registration requirements; take advice on the specific instrument.
- How do I revoke one?
- By a written revocation, communicated to the agent and to anyone likely to deal with them, and recorded in the same manner as the original instrument where it was registered.
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This article is general information about Indian law and procedure as at the date of publication. It is not legal advice, and outcomes depend on the facts of each matter. Please take advice on your own situation before acting.
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