A power of attorney (POA) authorises another person — the attorney — to act on your behalf. In Maharashtra most general POAs carry ₹500 stamp duty, a POA only to present documents for registration carries ₹100, and a POA that authorises an attorney to sell immovable property for consideration is stamped like a sale. A POA signed abroad must be adjudicated and stamped within three months of reaching India.
What is a power of attorney?
A power of attorney is a legal document in which one person (the principal or donor) authorises another (the attorney or agent) to act on their behalf. Anything the attorney does within the powers granted binds the principal as if they had done it themselves.
- General POA (GPA) — broad powers over property, bank accounts, tax filings and legal matters.
- Special POA (SPA) — limited to one task, such as signing and registering a specific sale deed or rent agreement.
Since the Supreme Court’s 2011 decision in Suraj Lamp & Industries v. State of Haryana, a POA cannot be used as a way to sell property without a registered sale deed. The attorney must still execute a proper sale deed on the principal’s behalf.
Documents required for power of attorney
Principal (person giving power)
- Aadhaar and PAN card
- Passport-size photographs
- Property documents if the POA concerns a specific property
- For NRIs: passport and visa / OCI copy
Attorney (person receiving power)
- Aadhaar and PAN card
- Passport-size photographs
Witnesses
- Aadhaar of two witnesses
How the power of attorney process works
- Define the powers
We discuss exactly what the attorney should be able to do — sign a sale deed, collect rent, manage a bank account, attend court — and for how long.
- Draft the POA
General or special POA drafted with clear limits, so banks and Sub-Registrars accept it.
- Stamp duty
We calculate duty under Article 48 and generate the e-challan.
- Execute and register
Principal, attorney and witnesses sign at the Sub-Registrar office; for NRIs, we send the draft for signing at the consulate.
- Adjudication (NRI)
For POAs signed abroad, we submit the original to the Collector of Stamps in Pune for adjudication and stamping within three months.
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Power of attorney stamp duty in Maharashtra
| Type of POA | Stamp duty |
|---|---|
| Only to present documents for registration | ₹100 |
| General POA (most purposes, including to family members) | ₹500 |
| POA authorising sale of immovable property, given for consideration or to a non-family attorney | As for conveyance on market value (about 5–7%) |
Exact duty depends on the wording and relationship, so we check the draft against Article 48 of the Maharashtra Stamp Act before you sign.
Power of attorney for NRIs
NRIs living in the USA, UK, UAE, Canada or Australia commonly appoint a parent or sibling in Pune to handle sale, rent, loan closure or society work. The process:
- We draft the POA and email it to you.
- You sign it before the Indian embassy or consulate, or before a local notary with an apostille.
- Courier the original to us.
- We get it adjudicated and stamped by the Collector of Stamps within three months of its arrival in India, and register it if required.
Read the full NRI power of attorney guide.
Power of Attorney in Pune, Pimpri-Chinchwad, Mumbai, Thane & Palghar
We handle power of attorney for clients across these cities. What differs locally:
| City | What to know locally |
|---|---|
| Pune | Registered at Haveli and Pune city Sub-Registrar offices; we draft, stamp and book the appointment. |
| Pimpri-Chinchwad | Registered at Jurisdictional Sub-Registrar office for Pimpri-Chinchwad (Haveli / Maval / Mulshi as applicable); we draft, stamp and book the appointment. |
| Mumbai | Registered at Mumbai City and Mumbai Suburban Sub-Registrar offices; we draft, stamp and book the appointment. |
| Thane | Registered at Thane district Sub-Registrar offices (Thane, Kalyan, Bhiwandi, Ulhasnagar, Ambernath); we draft, stamp and book the appointment. |
| Palghar | Registered at Palghar district Sub-Registrar offices (Vasai, Palghar, Dahanu and others); we draft, stamp and book the appointment. |
Frequently asked questions
What is the stamp duty for a power of attorney in Maharashtra?
Generally ₹500 for a general POA and ₹100 for a POA limited to presenting documents for registration. A POA that authorises the attorney to sell immovable property for consideration attracts duty as on a conveyance.
Is registration of a power of attorney compulsory?
Registration is needed when the POA authorises dealing with immovable property, such as signing a sale deed or agreement. Sub-Registrars and banks generally insist on a registered POA for property transactions.
How can an NRI execute a POA for property in Pune?
Sign the POA before the Indian embassy or consulate, or before a notary with an apostille, then send the original to India. It must be adjudicated and stamped by the Collector of Stamps within three months of arrival in India.
Can a power of attorney be cancelled?
Yes. The principal can revoke a POA by executing a registered revocation (cancellation) deed and informing the attorney and any third parties such as banks or societies. A POA also ends on the death of the principal.
Can a POA holder sell property?
Yes, if the POA expressly gives that power. The attorney must execute and register a proper sale deed in the buyer’s favour; a POA alone does not transfer ownership.
Is a POA valid after the principal’s death?
No. A power of attorney automatically ends when the principal dies. Property then passes by will or succession.
