Power of Attorney Format — General and Special POA Draft

A power of attorney hands someone else the authority to act in your name, so its value lies entirely in how tightly the scope is drawn. This special power of attorney format can be adapted for property, banking or litigation, and includes the clauses that limit exposure.

AdvoMitra is a legal technology platform and is not a law firm. These tools and drafts are provided for general information. They are not legal advice, and no template fits every situation — have an advocate review anything you intend to rely on.

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The draft

Fill the fields and the draft updates as you type. The document itself is editable, so you can adjust any clause before copying, downloading or printing it. Read the notes underneath first — they cover the points these documents are usually challenged on.

Copied

Fill the fields above and the draft updates as you type. Anything still showing underscores can be typed straight into the document below — it is fully editable before you copy, download or print.

Before you use this

General versus special

A general power of attorney confers wide authority and is correspondingly risky. A special power, limited to one transaction and one property, is almost always the better instrument. Draft narrowly and add an expiry date.

A POA does not transfer property

The Supreme Court held in Suraj Lamp & Industries v. State of Haryana (2011) that a sale through power of attorney does not convey title. Property passes by a registered sale deed. Treat any ‘GPA sale’ offer with considerable caution.

Executing from abroad

A power of attorney executed outside India must be signed before the Indian Embassy or Consulate, or notarised and apostilled where the country is a party to the Hague Convention, and then stamped in India within three months of receipt.

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Frequently asked questions

Does a power of attorney need to be registered?
A POA authorising the sale of immovable property requires registration under Section 17 of the Registration Act. Most other powers need only to be properly stamped and notarised, though registration adds evidentiary weight.
How do I revoke a power of attorney?
By a written deed of revocation, notified to the attorney and to anyone likely to deal with them. Where the POA was registered, the revocation should be registered too, and public notice is advisable.
Does a power of attorney survive the principal’s death?
No. It terminates automatically on death, insolvency or the principal becoming of unsound mind, unless it is coupled with an interest.
Can an attorney sell property to himself?
Not unless the instrument expressly authorises it. A self-dealing transaction without express authority is open to challenge.

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