NRI Property Sale or Purchase
You're abroad, the buyer is in India. A registered Special PoA lets your sibling or parent execute the sale deed and visit the Sub-Registrar on your behalf.
Powers of Attorney Service
Authority you grant,
precisely defined.
From a Special PoA for one property sale to a Durable/Medical PoA that survives incapacity. We pick the right type, draft with powers granted and powers excluded, then handle stamping, notarisation, and registration.
Power of Attorney — Scope Spectrum
Special PoA One transaction
NRI PoA Defined Indian acts
General PoA Multiple matters
Durable/Medical Survives incapacity
5-7
Days Typical
25k+
Families Served
20+
Countries (NRI)
4.9★
Google Rating
India's trusted succession planning platform
Tim DraperTechstarsTimes GroupBITS PilaniOutlook MoneyTHE WEEKFICCI AwardFintech Awards London 2025HYSEA Best AI Product 2024IFTA Fintech Startup 2024Good FellowsKhyaalTim DraperTechstarsTimes GroupBITS PilaniOutlook MoneyTHE WEEKFICCI AwardFintech Awards London 2025HYSEA Best AI Product 2024IFTA Fintech Startup 2024Good FellowsKhyaal
Need help choosing the right estate planning service?
Speak with our legal team and get personalised guidance. A free 15-minute consultation to help you pick the right service for your family's needs.
Explore by PoA Type
Pick the right Power of Attorney for your situation
Four main PoA types, dedicated service pages with state-wise details, format examples, and turnaround times.
01
General PoA
Broad authority across property, banking, taxation, and litigation. For elderly parents and absent owners.
View GPA service →02
Special PoA
Single-transaction authority for one defined act. Most common type.
View SPA service →03
Durable/Medical PoA
Survives the principal's incapacity. Essential for senior parents and pre-incapacity planning.
View Durable/Medical PoA →04
NRI PoA
Executed abroad with apostille or Embassy attestation. Used for Indian property and banking.
View NRI PoA →Which Power of Attorney fits your situation?
Free 15-minute consultation. We'll recommend General, Special, Durable/Medical, or NRI PoA based on what you actually need.
What Is a Power of Attorney
A legal document that lets someone act on your behalf, with limits you define
A Power of Attorney is a written legal instrument by which one person (the Principal) authorises another (the Agent or Attorney) to act on their behalf in specific or general matters during the Principal's lifetime.
PoAs operate on the principles of agency under Chapter X of the Indian Contract Act, 1872, while "Power of Attorney" is defined under Section 1A of the Powers of Attorney Act, 1882. A Principal may grant powers that are limited and specific, such as collecting a cheque, or broad and general, including management of property, banking, and legal proceedings.
Here's where things go wrong. Most online templates either grant sweeping powers that scare the Sub-Registrar into rejecting them, or grant powers so vague that banks and registrars refuse to act on them. The art is precision: powers granted, powers excluded, time limits, and revocation terms, all spelled out.
For property transactions, the Suraj Lamp ruling (2011) made one thing clear: a PoA does not transfer ownership. It only authorises the agent to execute documents. Title transfers only through a registered Sale Deed or Gift Deed.
Governing Law: Powers of Attorney Act 1882 (Section 1A), Indian Contract Act 1872 (Chapter X, Law of Agency; Section 202 for irrevocable PoA), Indian Stamp Act 1899 (state-wise stamp duty), Registration Act 1908 (Section 17 mandatory registration for property PoAs), and Indian Evidence Act 1872 (Section 85 presumption of authenticity).
Quick Facts
Defined Under
Section 1A, Powers of Attorney Act 1882
Typical Turnaround
5 to 7 days (10–14 for NRI)
Stamp Duty
Varies by state and powers granted
Registration
Mandatory for property PoAs (Sec 17)
Notarisation
Recommended for all PoAs
Valid Until
Revoked, completed, or principal's death
When You Need a Power of Attorney
Six common situations where a PoA is essential
Any time you can't be physically present to sign or transact, and you need someone you trust to do it on your behalf, you need a properly drafted PoA.
Senior Citizen Financial Management
Elderly parents who can't easily travel to banks, registrars, or courts. A General or Durable/Medical PoA lets a trusted child manage finances and assets.
Property Dispute Representation
You can't attend court hearings or revenue office visits. A Litigation PoA lets your advocate or family member represent you in proceedings.
Business Authorisation Abroad
Indian businesses, or foreign companies operating in India. A PoA backed by board resolution authorises a director or officer to sign documents.
Banking & Financial Transactions
Operating bank accounts, fixed deposits, mutual funds, or demat accounts on behalf of someone unable to physically visit branches.
Pre-Incapacity Planning
A Durable/Medical PoA stays valid even if you later become mentally or physically incapacitated. Used when planning ahead for unexpected medical events.
Sounds like your situation?
Get your Power of Attorney drafted in 7–14 days. Senior expert assigned. Free 15-minute discovery call.
Types of Power of Attorney
Four Powers of Attorney we draft most often
Each PoA type serves a different purpose and grants different powers. Picking the wrong type means you get rejected at execution or grant more authority than you intended.
01
General Power of Attorney (GPA)
Grants broad powers across multiple matters: property management, banking, taxation, litigation, day-to-day legal acts. The agent can do almost anything the principal could do.
- Wide scope, multiple powers in one document
- Mandatory registration if it includes property dealings
- Higher risk if agent is not fully trustworthy
- Often required for elderly parents and absent owners
Best for
Comprehensive delegation when one person handles many ongoing matters.
Learn more about GPA →02
Special Power of Attorney (SPA)
Grants authority for a single, specific act or transaction. Once that act is completed, the SPA automatically ends. Used for one-off transactions.
- Narrow scope, single defined purpose
- Safer than GPA for one-time tasks
- Common for NRI property sales, court appearances
Best for
Single transactions like selling one property, signing one document, or attending one court matter.
Learn more about SPA →03
Durable/Medical Power of Attorney
Stays in force even if the principal becomes mentally or physically incapacitated. Standard PoAs end on incapacity; a Durable/Medical PoA contains a "durability clause" that overrides this.
- Survives the principal's incapacity
- Critical for elderly parents and HNI estate planning
- Should specify medical decision powers separately
- Springing variant activates only on incapacity
Best for
Long-term planning where the principal may become unable to make decisions due to illness, age, or accident.
Learn more about Durable/Medical PoA →04
PoA for NRIs
Executed outside India by an NRI, authenticated abroad, and used within India. Requires apostille (for Hague Convention countries) or Indian Embassy attestation, plus Indian stamp duty within 3 months.
- Drafted to Indian legal standards on A4 paper
- Apostille for USA, UK, Canada, UAE, Singapore
- Embassy attestation for non-Hague countries
- Stamp duty paid in India within 3 months
Best for
NRIs managing Indian property, banking, taxation, or court matters from abroad without flying back.
Learn more about NRI PoA →Not sure which PoA type fits your case?
General handles routine matters, Special handles one task, Durable survives incapacity. Free 15-minute assessment to pick yours.
Customer Stories
Hear from families we've helped
Real stories from customers across India who trusted AasaanWill with their estate planning.
1/19
Rahul Banerjee
Rajeev Bhatia
Ravinder Reddy
Mr. & Mrs Sreenivas
Ravinder Reddy
N.S.Jaykumar
Rajeev Bhatia
Sreenivas
Mr Skand Bali
Sudeep Sharma | Jaipur
Suresh Babu - Customer Testimonial
Vigie Fernandes
MSR Chowdary
Rajgopalan Sheshan - Testimonial
Soma Raju | Hyderabad
Shyam Sunder - Our customer's testimonial
Kranthi Kumar | Hyderabad
Sunita Arora | Delhi
Siva | Hyderabad
Ready to add your story to ours?
Join thousands of families who trusted AasaanWill. Free 15-minute consultation with a senior estate planning expert.
Master Comparison
General vs Special vs Durable/Medical vs NRI
Four PoA types, four scopes, four cost structures. This table shows which one matches your situation.
| General PoA | Special PoA | Durable/Medical | NRI PoA | |
|---|---|---|---|---|
| Scope | Broad, multiple matters | Narrow, single transaction | Broad, survives incapacity | Defined acts in India by NRI |
| Duration | Until revoked or principal's death | Until act completed or revoked | Until revoked or death (not incapacity) | Until act completed or revoked |
| Stamp Duty | Varies by state & property powers | Nominal (varies by state) | Varies by state and powers | State-wise + Indian duty within 3 months |
| Registration | Mandatory if property powers | Optional unless property involved | Recommended; mandatory if property | Mandatory for property; else notarised |
| Notarisation | Strongly recommended | Strongly recommended | Mandatory for durability clause | Foreign notary + apostille/embassy |
| Risk Level | High (broad powers misusable) | Low (limited scope) | High (survives incapacity) | Medium (cross-border verification) |
| Typical Use | Elderly parents, absent owners | Single property sale, court appearance | HNI estate planning, pre-incapacity | NRIs managing Indian assets abroad |
| Turnaround | 5–7 days | 3–5 days | 5–7 days | 10–14 days (apostille adds time) |
§Suraj Lamp & Industries vs State of Haryana, 2011
A Power of Attorney does NOT transfer ownership
The Supreme Court ruled in 2011 that property ownership cannot be transferred through a Power of Attorney "sale." Common "GPA sales" don't pass title. A PoA only authorises the agent to execute a Sale Deed or Gift Deed; the title transfer happens through the registered deed itself, not through the PoA. This judgment ended widespread "GPA sale" practices across India.
Key Clauses Every PoA Must Have
Eight essential clauses we draft into every PoA
Most PoA disputes trace back to missing or vague clauses. These make the document airtight, auditable, and accepted at every counter.
01
Parties Clause
Full legal names, ages, addresses, PAN, and Aadhaar of Principal and Agent. Multiple agents (joint or several) must be named explicitly with the relationship described.
02
Recitals (Whereas Clauses)
Context: why this PoA is being granted (NRI absence, illness, business travel, court matter). Establishes legitimate purpose and protects against later misuse claims.
03
Powers Granted Schedule
The most critical clause. Lists each specific power: sell property, open bank accounts, sign sale deed, appear in court, collect rent, file tax returns. Powers not listed are not granted.
04
Powers Excluded Clause
Explicit list of acts the agent cannot do: cannot gift property, cannot mortgage, cannot transfer to themselves, cannot delegate to a sub-agent. Critical for risk control.
05
Duration & Validity
Effective date, expiry date (if any), conditions for automatic termination (completion of act, sale closure, lawsuit conclusion). Without this, the PoA can run indefinitely.
06
Durability Clause
If this is a Durable/Medical PoA, the clause explicitly states it survives the Principal's incapacity. Section 202 Contract Act applies for “coupled with interest” cases.
07
Revocation Mechanism
How the Principal can revoke: written notice, public notice in newspaper, registered revocation deed. For registered PoAs, revocation must be registered at the same Sub-Registrar.
08
Witnesses & Attestation
Two independent witnesses for execution. Names, addresses, signatures. For NRI PoAs, executed before a consular officer or foreign notary with apostille.
Get an airtight PoA with all 8 essential clauses
Senior estate planning expert assigned to your case. No DIY templates, only court-ready audit-proof documents.
Stamp Duty & Registration Charges
Stamp duty and registration for Powers of Attorney
PoA stamp duty varies by state and by the powers granted. Non-property PoAs typically attract nominal duty; property-related PoAs depend on state rules, market value, and the relationship between principal and agent.
Section 17 of the Registration Act 1908 makes registration mandatory where a PoA grants authority to sell, mortgage, lease for over a year, or otherwise permanently alienate immovable property. Without registration, such PoAs are legally ineffective.
Most states offer concessional stamp duty for PoAs granted to close relatives. For property PoAs granted to non-relatives, duty is generally calculated on property market value, broadly comparable to sale duty. We handle procurement, e-stamping, and proof of payment.
Charges are indicative
State rules and local rulings change. The actual stamp duty and registration fee for your PoA is confirmed before drafting, based on your state, the powers granted, and the relationship between principal and agent.
State
Special PoA
GPA (Relatives)
Property PoA (Non-Rel.)
Maharashtra
₹100–500
₹500
3–5% of market value
Karnataka
₹100–200
₹100–500
5% of market value
Tamil Nadu
₹100
₹100–200
1–4% of market value
Telangana / AP
₹100–300
₹1,000
1–5% of market value
Delhi
₹100
₹100–500
3% of market value
Gujarat
₹100–300
₹300–500
4.9% of market value
Uttar Pradesh
₹100–500
₹100–1,000
7% of market value
West Bengal
₹100–500
₹500–1,000
5–7% of market value
*Subject to change. State rules update periodically; final amount confirmed before drafting.
Stamp duty varies dramatically across states
From ₹100 in some states to a percentage of property value in others. We calculate the right amount for your case.
Step-by-Step Process
Five steps from scope to a ready Power of Attorney
Most PoAs are ready in 5 to 7 days. NRI PoAs take 10 to 14 days due to apostille or embassy attestation timelines.
01
Scope Discussion
Our expert discusses your situation, identifies the right PoA type, and lists the exact powers to be granted and explicitly excluded. The most important step.
1 day
02
Drafting & Review
Custom PoA drafted with all 8 essential clauses: parties, recitals, powers granted, powers excluded, duration, durability, revocation, and witness attestation. Two revision rounds.
2–3 days
03
Stamp Duty & Notarisation
State-specific stamp duty calculated and paid via e-stamping. For Indian PoAs, executed before a notary. For NRI PoAs, before a consular officer or foreign notary with apostille.
1–2 days (7–10 NRI)
04
Registration (If Required)
If the PoA includes property powers, registration at the Sub-Registrar is mandatory under Section 17 Registration Act 1908. We book the appointment and coordinate biometrics.
2–3 days
05
Delivery & Distribution
Notarised or registered original delivered. Certified copies for banks, registrars, authorities, and the agent. Revocation guidance and template provided.
Same day
Skip the legwork. We handle every step.
Drafting, stamp duty, notarisation, and registration. All managed start-to-finish. Typical turnaround 7–14 days.
Documents Required
Documents to keep ready
Gather these before we begin and the drafting moves through faster. We help if anything's missing.
Principal
The Person Granting Authority
- Aadhaar card & PAN card
- Passport-size photographs (2)
- Address proof (utility bill, rent agreement)
- Passport (mandatory if NRI or used abroad)
- OCI card (for OCI holders)
- Property documents (if property powers granted)
- Encumbrance Certificate (if property involved)
- Board resolution (if company is the Principal)
- Medical fitness certificate (Durable/Medical, if elderly)
Agent (Attorney)
The Person Receiving Authority
- Aadhaar card & PAN card
- Passport-size photographs (2)
- Address proof
- Relationship proof (for family PoAs)
- Advocate enrollment certificate (for litigation PoAs)
- Two witness ID proofs (Aadhaar/PAN)
For NRIs Worldwide
NRI Power of Attorney, executed abroad and valid in India
If you're an NRI managing Indian property, banking, or court matters from abroad, you don't need to fly back. We coordinate a fully cross-border PoA process so the document is enforceable in India the moment it lands.
The PoA is drafted to Indian legal standards on standard A4 paper (not foreign stamp paper, a common mistake). You sign before either an Indian Embassy/Consulate officer abroad, or a foreign notary public followed by an apostille. Either route lands you a valid Indian PoA.
- Drafting to Indian legal standards on A4 paper
- Apostille coordination for Hague countries (USA, UK, Canada, UAE, Singapore)
- Indian Embassy attestation for non-Hague countries
- Indian stamp duty within 3 months of arrival (Sec 18 Indian Stamp Act)
- Sub-Registrar registration in India for property PoAs
- Time-zone-friendly consultations and document handover
- FEMA 1999 compliance for cross-border property transactions
- Revocation handling from abroad with public notice support
Real Scenario
An NRI in California needed to sell his Bangalore apartment. We drafted the Special PoA in India, couriered the executed copy to him, he signed before a California notary, apostilled it through the California Secretary of State, and his brother in Bangalore executed the sale deed. Total elapsed time: 14 days. Zero flights.
20+
Countries Served
Living abroad? Sign your PoA from anywhere.
Senior experts handle consular attestation, apostille, and registration in India. Time-zone-friendly consultations.
Common PoA Issues
Where Powers of Attorney typically fail
Most PoA disputes trace back to template drafting, vague scope, missing registration, or PoA holders exceeding authority. Here's what to watch for.
01
Treating GPA and SPA Interchangeably
A General PoA is used where a Special PoA was sufficient (over-grants powers), or a Special is used where a General was needed (under-grants powers). Both fail at the counter.
What we do: Scope conversation first. We pick the right type based on your purpose, never default to a template.
02
Skipping Registration for Property PoAs
Section 17 Registration Act 1908 makes registration mandatory if the PoA permits sale, mortgage, or lease (over 1 year) of immovable property. Unregistered property PoAs are legally ineffective.
What we do: If property powers are granted, we register at the Sub-Registrar. No exceptions, no workarounds.
03
Foreign Stamp Paper Used for NRI PoAs
NRIs sometimes execute the PoA on foreign stamp paper, thinking it's equivalent. It's not. Indian PoAs must be on standard A4 paper with Indian stamp duty paid within 3 months.
What we do: Draft on A4 paper to Indian standards. Track the 3-month window. Pay Indian stamp duty before use.
04
Vague or Open-Ended Powers
"All acts necessary in connection with my property" is too vague. Banks and Sub-Registrars often reject such clauses, demanding specific powers.
What we do: Each power listed specifically: open Axis Bank account 12345, sell flat at Andheri Sector 7, file ITR for AY 2025-26.
05
No Powers Excluded Clause
Most templates only list powers granted, not excluded. Agents argue anything not forbidden is permitted, leading to abuse: gifting property to themselves, mortgaging without consent.
What we do: Powers-excluded clause is standard in our drafts. Cannot gift to self, cannot mortgage, cannot delegate without written consent.
06
Missing Revocation Mechanism
PoAs without explicit revocation mechanisms can run indefinitely. Ending the arrangement then requires a registered revocation and public notice.
What we do: Every PoA includes a clear revocation clause: written notice, registered revocation if originally registered, and public notice template.
Avoid these costly PoA mistakes
Wrong witnesses, missed registration, vague powers, expired durations. Our experts catch these before signing.
What's Included
What we actually do for you
You're not just paying for a drafted document. You're paying for an expert who picks the right PoA type, drafts it with precision clauses, handles stamp duty, and coordinates execution wherever you are in the world.
- Scope conversation: Identify the right PoA type and exact powers needed.
- Custom drafting: All 8 essential clauses including powers granted and powers excluded.
- Two revision rounds: Refine wording until the document matches your intent.
- Stamp duty calculation: State-specific rates with family/non-family concessions. Valuation-based duty payable at actuals.
- E-stamp procurement: Or judicial stamp paper depending on state.
- Notarisation coordination: Notary public in India or consular officer abroad.
- Apostille handling: Coordination for NRI PoAs from Hague countries. Charges at actuals.
- Sub-Registrar registration: For property-related PoAs under Section 17.
- Certified copies: Multiple copies for banks, registrars, and the agent.
- Revocation guidance: Template and process for future revocation.
Every PoA Service Includes
Expert scope consultation
Custom drafting (8 clauses)
Two revision rounds
State-specific stamp duty / court fee at actuals
Notarisation coordination
Apostille (NRI) charges at actuals
Sub-Registrar registration
Certified copies + revocation kit
Want all this handled for you?
Senior estate planning expert assigned. Drafting, stamp duty, notarisation, and registration — all managed start-to-finish so you don't run a single errand.
Why AasaanWill for Power of Attorney
Built for families and NRIs who can't risk a defective PoA
Templates are everywhere. What's hard to find is an expert who picks the right type, drafts with precision, and coordinates execution across borders.
01
Right PoA Type First
We don't default to a General PoA template. We pick the right type (General, Special, Durable, NRI) based on your actual situation and risk profile.
02
Powers Excluded Clause
Every draft lists not just what the agent can do, but what they cannot. Cannot gift to self, cannot mortgage without consent, cannot delegate.
03
NRI Apostille Specialists
USA, UK, Canada, UAE, Singapore, Germany, France, Australia. We've handled apostille coordination from 20+ countries.
04
Sub-Registrar Acceptance
Our drafts get accepted at Sub-Registrar offices because we write them to local registrar expectations, not generic templates.
05
Time-Zone Friendly
NRIs across 20+ countries get consultations in their time zones. Document handover via courier or digital signature where permitted.
06
Revocation Support Built In
Every PoA comes with a revocation template and process guide. When you need to end the arrangement, the framework is ready.
Why families choose AasaanWill for PoA
Senior estate planning experts. Lawyer-drafted documents. Doorstep service across 20+ cities.
What Families Say
Real Power of Attorney stories
4.9 stars on Google. Hundreds of verified reviews. Three clients who used AasaanWill for their PoA needs.
★★★★★
"Selling my Hyderabad flat from California. AasaanWill drafted the Special PoA, my brother handled the sale deed and Sub-Registrar visit. Apostille from California in 8 days. Total elapsed time 14 days. Zero flights."
Vikram Reddy, San Francisco NRI Property Sale
★★★★★
"My father is 78 and travelling to the bank is hard. Got a General PoA drafted with specific banking and property powers. Bank accepted it immediately. Real expert call, real questions about what to include and exclude."
Priya Iyer, Chennai Elder Care PoA
★★★★★
"Needed a Durable/Medical PoA after my mother's stroke diagnosis. AasaanWill drafted with durability clause, medical decision powers, and revocation mechanism. Notarised in 4 days. Worth every rupee."
Suresh Menon, Bangalore Durable/Medical PoA
Related Resources
Deeper guides on Powers of Attorney
Plain-English answers to the questions Principals and NRIs ask most often.
Comparison
General vs Special Power of Attorney: Which Do You Actually Need?
The most common PoA confusion. When a Special PoA is enough, when a General is necessary, and the risks of getting it wrong.
NRI GuideNRI Power of Attorney: Apostille vs Embassy Attestation Explained
Which countries need apostille, which need embassy attestation, and the 3-month Indian stamp duty window NRIs miss most often.
Estate PlanningDurable/Medical Power of Attorney in India: When and Why You Need One
How a Durable/Medical PoA differs from a regular PoA, why families use it before incapacity strikes, and how it fits estate planning.
RevocationHow to Revoke a Power of Attorney in India: The Complete Process
Revocation through written notice, registered revocation deed, public newspaper notice, and Section 202 Contract Act limitations.
Still have questions? Talk to a senior expert.
Free 15-minute consultation, no obligation. Get clarity on stamp duty, registration, and which PoA fits your case.
Frequently Asked Questions
Common Power of Attorney questions
General PoA grants broad powers across multiple matters (property, banking, taxation). Special PoA grants authority for a single defined task. SPA is safer and cheaper. GPA is comprehensive but riskier if the agent abuses authority.
Need a Power of Attorney drafted with precision?
Free 15-minute call with a senior expert. We'll identify the right PoA type, list the powers you need granted and excluded, and give you a realistic timeline and cost.
15-minute discovery call · Senior property & estate counsel · No obligation