Power of Attorney Guide & Checklist | Campion CA Tools

Step-by-step process

Consult advocate/CA for drafting

Professional drafting ensures legally valid language. Cost: ₹1,000–₹5,000 for advocate. Avoid using generic templates without review — small errors invalidate the document.

Obtain stamp paper from bank/e-GRAS

Purchase appropriate value e-stamp paper from authorized vendor or government e-GRAS portal. Keep the receipt. Stamp paper must be from the state where the POA is being executed.

Principal and two witnesses sign POA

Principal signs on stamp paper in presence of notary and witnesses. Witnesses sign as attestors. Photographs of principal and donee typically affixed for property POA.

Document checklist for: Property transaction (sale/purchase/lease)

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Decide between General POA and Specific POA

General POA: grants wide powers (multiple acts) — useful for business management, NRI abroad for extended period. Specific POA: limited to one transaction — preferred for property sale/purchase. Specific POA is harder to misuse.

Confirm identity proof of principal (donor) and attorney (donee)

Aadhaar card, PAN card, passport, driving license — any 2 government IDs. Both parties' photos required. For NRI principal: Indian passport + overseas address proof (utility bill, bank statement from country of residence).

Draft POA clearly specifying powers granted

Each power must be specifically enumerated — vague language ("all powers") is risky and may be challenged. For property POA: specify exact property (survey number, area, address), and whether power includes sale, lease, mortgage, or all three. Consult CA/advocate for drafting.

Include property description with complete details

For immovable property: survey number, CTS number, area in sq.ft/sq.m, full postal address, registration details, sale deed reference. Any ambiguity in property description can invalidate the POA for that property.

Specify validity period clearly

Always include an expiry date — maximum 1 year recommended for property transactions. Indefinite POAs are risky. Include a clause: "This POA shall be valid until [date] or until revoked, whichever is earlier."

Notarization of POA by registered notary

Mandatory for POA to be used in India — even if executed abroad. In India: go to any registered notary; cost ₹500–₹2,000 depending on city. Notarization authenticates identity and signature of principal.

Registration at Sub-Registrar's Office (for immovable property)

After the Supreme Court judgment in Suraj Lamp & Industries v. State of Haryana (2011): POA for transfer of immovable property MUST be registered at the Sub-Registrar's Office. Unregistered property POA cannot be used for sale/transfer. Stamp duty: per state. Registration fee: ₹100–₹500.

Stamp paper of appropriate value (state-wise)

POA must be executed on stamp paper (now e-stamp paper in most states). Value varies: Maharashtra: ₹500 for property POA; Karnataka: ₹200; Delhi: ₹100. For registered POA: stamp duty is higher (check state schedule). Pay at bank/authorized vendor/e-GRAS portal.

Two witnesses and their identity details

Two independent witnesses (not the attorney/donee, not a close relative) must sign the POA. Witnesses attest to the principal signing willingly and knowingly. Their full name, address, and ID proof reference required.