Power of attorney

A power of attorney (POA) lets someone act for you when you cannot be present: to sign documents, deal with a bank, manage a property, or appear before an office. You are the principal; the person you appoint is the attorney or agent.

General and special

• A general power of attorney (GPA) gives wide authority over many matters.
• A special power of attorney (SPA) is limited to a named task, such as selling one flat or attending one registration.

The law behind it

The Powers of Attorney Act, 1882 deals with how a POA is executed and used, and the Indian Contract Act, 1872 governs the relationship of principal and agent. Under Section 201 of the Contract Act, an agency ends when the principal revokes it, or on the death or insanity of either party. Under Section 202, an agency coupled with an interest of the agent cannot be revoked to the agent's prejudice. A POA that authorises the sale of immovable property usually needs to be registered or authenticated, and stamp duty applies under State law.

A power of attorney is not ownership

In Suraj Lamp and Industries v State of Haryana (2011), the Supreme Court held that sales through a GPA, a will and an agreement to sell do not transfer title. Only a registered sale deed does.

See the general power of attorney, the property power of attorney and the POA revocation deed, and read power of attorney and the Suraj Lamp ruling.