How does power of attorney work in India?
Asked by: Mrs. Maryam Krajcik Jr. | Last update: September 20, 2025Score: 4.8/5 (30 votes)
Power of Attorney in India becomes a legally binding document that makes sure that the agent will act within the scope of authority granted by the principal, upon its execution. While exercising delegated powers the agent prioritizes the principal's interests and assumes them as his fiduciary responsibility.
What are the rules for power of attorney in India?
—3[A married woman of full age shall, by virtue of this Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of ...
Can I sell my property in India with power of attorney?
The latest significant Supreme Court judgment regarding power of attorney, from October 2021, ruled that property sales based solely on power of attorney are not valid. For a valid transfer of immovable property, there must be a registered sale deed.
Can NRI give power of attorney in India?
NRIs can grant the power of attorney to the chosen individual while abroad and send the deed to India, but there are terms and conditions that they need to take care of. Shyam Sundar*, a UK-based professional, faced a dilemma when his grandmother in India wished to gift him a property that she owned.
How to give power of attorney to someone in India from the USA?
Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.
Power of attorney and Property വസ്തു കൈകാര്യം ചെയ്യലും പവർ ഓഫ് അറ്റോർണിയും #Aplustube# education#
How long is the Power of Attorney valid in India?
How long does a Power of Attorney remain valid? A Power of Attorney remains valid until it is revoked by the grantor, the purpose of the document is fulfilled, or the grantor becomes mentally incapacitated (unless it's a durable Power of Attorney).
What are the four types of Power of Attorney?
A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.
How much does it cost for power of attorney in India?
General Power of Attorney (GPA):
Registration fee: ₹100.
Can I open a bank account with a power of attorney?
When opening the account, the bank usually requires a legal power of attorney document and a photo ID. You may also need to fill out the bank's power of attorney form. Also, the account will usually be in the other party's name, but you will have authority over the account.
Can you do power of attorney online in India?
Create a General Power of Attorney in favour of any trustworthy person in India and hand over the responsibilities to that person. Now you don't need to go searching for lawyer for this purpose. You can start making your own Power of Attorney document online.
Who can override a power of attorney in India?
The person who assigns power of attorney is known as the principal, and the person to whom the principal gives POA is the agent. The principal — that is, the person who assigned POA to someone (an agent) on their behalf — can revoke it.
Can you sell a parents house with power of attorney?
You can only sell your mother's house if the POA was specific as to the house giving you that specific power.
How to manage property in India as an NRI?
- Options for Property Management Available for NRIs.
- Hiring a Professional Property Management Company.
- Utilising Technology for Property Oversight.
- Regular Communication With Tenants.
- Virtual Property Inspections.
- Financial Management and Record-keeping.
What are the limitations of power of attorney in India?
The POA cannot act outside of the Principal's best interest. The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind.
How many copies of power of attorney do I need?
Make sure everyone who needs a copy has one
You (the principal) and the agent should each have a copy of the power of attorney.
How do I withdraw power of attorney in India?
- Prepare a Revocation Deed: Start by writing a Revocation Deed. ...
- Gather Supporting Documents: You might need more documents, like the original POA, your ID, and other important papers.
Can a power of attorney transfer money to themselves?
An agent can only transfer money to themselves if the POA document explicitly allows it. Self-transfers without explicit authorization are generally considered a breach of fiduciary duty and can lead to legal consequences.
Does being a POA affect your credit?
As long as you identify yourself as your mom's agent, your credit history should not be affected and you should not be liable for the debts.
Who can access your bank account legally?
Any joint owner of a bank account has complete access and rights to the account while you are living and after your death. Pro: Full Access during your lifetime and after your passing. This person will have full access to the account while you are living and could use these funds to pay your bills upon your behalf.
How to give POA from USA to India?
- Download the Miscellaneous Application form and fill it out. ...
- Visit the designated consular counter at the Indian embassy or consular office in the presence of consular staff to sign the Power of Attorney document.
How long does a Power of Attorney last in India?
USUAL POA IS NOT A WILL AND LEGALLY, IT IS ONLY VALID DURING THE LIFETIME OF THE DONOR AND DONEE. IT IS ALSO ONLY VALID UNTIL EITHER OF THEM ARE SOLVENT AND HAVE MENTAL CAPACITY.
Can Power of Attorney sell property in India?
What is the Supreme Court Judgement on power of attorney? The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property.
What is the strongest power of attorney?
The Durable Power of Attorney
A Durable POA remains effective even if you become incapacitated. This type of POA ensures your agent, whether for financial or healthcare , can continue to act on your behalf if you are unable to do so.
Can a power of attorney sell property and keep money?
Someone who is designated as your agent in a power of attorney has a fiduciary duty to you. That means they cannot make financial decisions or take actions with your money or accounts that aren't in your best interest.
Who has more power a lawyer or an attorney?
Is an attorney more powerful than a lawyer? Not necessarily. While attorneys specifically represent clients in court, both lawyers and attorneys have the same level of legal education and training. The distinction is more about their role, rather than their power or authority.