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This article deals with different aspects of a general power of attorney, right from the core concepts to the legal framework of a general power of attorney. It also gives practical tips for drafting a general power of attorney. If you are a law student or a lawyer who wants to know how to draft a general power of attorney and the logic behind each clause, then this guide will help you.

Introduction

Some months back, I met a client whose father was facing many health issues, and he was unable to look after his affairs.

He told me the problems that he faced in managing the affairs of his father.

I understood his worry, and I advised him that we can draft a general power of attorney in your favour.

I explained the purpose of a general power of attorney, and he seemed relieved and asked me to proceed with the drafting process.

I have seen many cases like this wherein someone is either travelling abroad for a certain duration or someone has a parent who is suffering from some illness, and all of them have one common problem, viz., how can we manage the affairs?

It is in such cases that a general power of attorney makes it possible

But what I have observed is that many draft a general power of attorney in a very mechanical manner without understanding the reason behind drafting the clauses.

Today, I am going to teach you how to draft a general power of attorney and also provide an explanation for each clause so that you understand the logic behind drafting them.

What is a general power of attorney?

A general power of attorney is a legal document by which you can authorise someone to manage all kinds of personal, legal, property and business matters on your behalf.

The person who gives the authority is known as the principal and the person to whom it is granted is called the agent. Both parties must be competent to make this document.

There is one more thing that you must note, which is that the principal has the right to revoke the general power of attorney during their lifetime as long as they are competent to do the same.

However, if the agent has an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest as per section 202 of the Indian Contract Act, 1872.

What are the various scenarios in which a general power of attorney can be made?

As we have seen earlier, you can make a general power of attorney in various scenarios.

The most common scenario is if the principal is suffering from any health issues, then all the matters can be handled by his agent.

Another scenario is that if the principal is travelling abroad or is, for some reason, unavailable to attend to his affairs, then he can appoint someone to manage his finances or business operations in India.

I have also seen cases where someone wants to retire but has pending work to be handled, so they can appoint an agent to wrap up all the pending work without having to do it in person.

What is the legal framework that governs a power of attorney?

A power of attorney is governed by the Powers of Attorney Act, 1882, which is a central law with only about five sections. It regulates the use of a power of attorney. 

The relationship between a principal and the agent is governed by the Indian Contract Act, 1872, to make sure that the agent acts in the best interest of the principal.

How to draft a general power of attorney?

We will consider the following example to draft a general power of attorney.

Anita Virendra Patel wants to execute a general power of attorney in favour of her daughter, Priya Virendra Patel, because she has health issues.

Explanation: The beginning of the general power of attorney mentions the details of the principal to confirm the identity of the person making it. 

GENERAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME I, ANITA VIRENDRA PATEL, aged about 70 years, of Mumbai, Indian Inhabitant, residing at Serenity Heights, Plot No. 128, Road No. 5, Bandra West, Mumbai 400 050, SEND GREETINGS:

Explanation: The next part is called recitals, which begin with “WHEREAS,” and provide the background and rationale for appointing an attorney.

WHEREAS the Horizon Bank Ltd has filed a Suit against me, which is pending in City Civil Court being Suit No. 4567 of 2015 for reasons of alleged dues allegedly payable by me.

AND WHEREAS I have also filed a Suit against Horizon Bank Ltd for damages, being Suit No. 1234 of 2018, and both the said suits are pending for final hearing.

AND WHEREAS the subject matter of both the suits and transactions covered therein from the very beginning was handled by my daughter, Priya Virendra Patel, and it is said Priya Virendra Patel who was dealing with the bank throughout on my behalf.

AND WHEREAS in addition thereto, due to my advanced age and frail health, I am not in a position to attend to my affairs and, in the circumstances, I am desirous of appointing my said daughter, Priya Virendra Patel, to be my true and lawful attorney to attend to my assets, affairs, and properties, including the proceedings of the aforesaid Suits No. 4567 of 2015 filed by Horizon Bank Ltd against me, and Suit No. 1234 of 2018 filed by me against Horizon Bank Ltd.

Explanation: This is the operative part that formally appoints the attorney, granting her comprehensive authority to manage the assets, affairs, properties, and legal proceedings of the principal. This clause is necessary to define the scope of authority that is delegated to the attorney in order to specify the actions they are permitted to take on behalf of the principal. Although a power of attorney is valid until it is revoked, if someone wants to make the power of attorney for a particular period only, you can specify that the general power of attorney shall remain valid until revoked in writing or until [date]  to avoid any ambiguity.

NOW KNOW YE ALL AND THESE PRESENTS WITNESS that I, the said Anita Virendra Patel, do hereby nominate, constitute, and appoint my daughter, the said Priya Virendra Patel, as my true and lawful Attorney to attend to all my assets, affairs, and properties and also to attend to the proceedings of the aforesaid suits, including giving evidence (as the facts relating to the said suits are to her personal knowledge) with authorities, powers, and directions to take all the following steps and to do all acts, matters, and things in my name and on my behalf, that is to say:

Explanation: Clause 1 (Settlement of accounts) The clause enables the attorney to resolve financial disputes or obligations in order to avoid delays in the settlement of accounts.

1. To settle any account or reckoning whatsoever with any person whomsoever and to pay or receive the balance thereof in so far as the premises mentioned in the schedule herewith.

Explanation: Clause 2 (Collection and release of funds) This clause ensures that the financial assets of the principal are actively managed by the attorney to enable the attorney to recover money that is owed to the principal.

2. To receive every sum of money whatsoever which now is or at any time hereafter may be due, arising, or belonging to me upon or by virtue of any mortgage, charge, pledge, hypothecation, or other security whatsoever and, on receipt thereof, to make, sign, execute, and give good and sufficient releases, acquittances, or other discharges for the same, and also to sign, seal, execute, make, and deliver all proper and sufficient reconveyances, releases, and other assurances of the lands, tenements, hereditaments, and property which shall have been mortgaged or charged as security thereof, and also to consent to any such alteration or modification of the nature or conditions of the said premises mentioned in the schedule herewith.

Explanation: Clause 3 (Negotiation and arbitration of debts) The purpose of this clause is to facilitate dispute resolution and to reduce the costs incurred in litigation by empowering the attorney to negotiate settlements in favour of the principal.

3. To compound with or make allowances to any person for or in respect of the aforesaid debts or any other debt or demand whatsoever which now is or shall or may at any time hereafter become due or payable to me, and to make or receive any composition dividend thereof or thereupon and to give receipts, releases, or other discharges for the whole of the same debts, sums, or demands, or to settle, compromise, or submit to arbitration every such debt or demand and every other claim, right, matter, or thing due to or concerning the said premises mentioned in the schedule herewith most advisable for my benefit, and for that purpose to enter into, make, sign, execute, and deliver such bonds of arbitration or other deeds or instruments as are usual in like cases.

Explanation: Clause 4 (Legal representation and proceedings) This clause ensures that the interest of the principal in legal matters is properly pursued and defended, allowing the attorney to take all decisions in the legal matters, especially in view of the fact that the principal has health issues.

4. To accept service of any writ, summons, or other legal process or notice and to appear in my person to represent in any Court and before all Magistrates, judicial, revenue, or other officers and Tribunals whatsoever in respect of the said premises mentioned in the schedule herewith as by the Attorney shall be thought advisable, and to commence any suit, action, or other proceeding in any Court of justice and before any public officer or Tribunal for the recovery or enforcement of any debt, sum of money, right, title, interest, property, matter, or thing whatsoever in respect of the said premises mentioned in the schedule herewith now due or payable or to become due or payable or in anywise belonging to me by any means or on any account whatsoever, and the same action, suit, or proceeding to prosecute or discontinue or become non-suit therein if the Attorney shall see cause, and also to take such other lawful ways and means, including proceedings in execution, distress, distraint, and the like, for recovering or getting in any such sum of money or other thing whatsoever which shall be regarded to the premises mentioned in the schedule herewith in the Attorney be conceived to be due, owing, belonging, or payable to me by any person whosoever, and also to appoint pleaders, advocates, solicitors, and legal advisers to prosecute or defend in the premises mentioned in the schedule herewith as occasion may require, and from time to time them or any of them to remove and other or others to appoint in their place, and to pay them such fees and remuneration as the Attorney shall think fit or be advised, and for all or any of the purposes aforesaid to sign, execute, deliver, file all necessary Vakalatnamas, Warrants of Attorney, plaints, petitions, applications, defences, statements, accounts, declarations, affidavits, and other documents, papers, and writings.

Explanation: Clause 5 (Representation before authorities) This clause enables the attorney to handle the administrative burden of the principal to ensure compliance with regulations.

5. To act, appear, and plead for me and to represent me before any postal authorities or authorities of the Indian Posts and Telegraph Department and/or any other authority or authorities whenever it may be necessary, including the authorities of the Government of India.

Explanation: Clause 6 (Management of ongoing litigations) This clause ensures that the pending court cases are actively managed to allow the attorney to pursue remedies such as appeals or revisions to protect the interest of the principal.

6. To act, appear, plead, and represent me in the pending litigations by or against me in any court, including City Civil Court or before its Appellate Bench or before the Hon’ble High Court and/or before the Hon’ble Supreme Court of India, and for that purpose to file applications, affidavits, replies, appeals, cross-objections, and also to prefer revision, review, and/or appeals as the case may be and/or to file and contest writ petitions and/or similar applications and/or special leave petitions as my said attorney may deem fit and proper.

Explanation: Clause 7 (Initiation and defence of legal actions) This clause provides legal authority to the attorney to protect the rights of the principal proactively.

7. To commence, prosecute, institute, defend, oppose, negotiate for settlement, or settle and appear and represent me in all actions and legal proceedings, either civil, original, or appellate, and in all applications or petitions in any Court of law, and also in proceedings before Municipal, police, revenue, stamp, public works, and/or registration authorities, and also before all Magistrates, Judicial, and Revenue Officers or such other officers, and to receive or serve summons and to do all acts and things as may be necessary to protect my interest, and if thought fit to refer to arbitration, execute, and submit to judgment or decree or become non-suited in any actions and/or proceedings, and without prejudice to the generality of my pending litigation to appear in all Court proceedings and attend all meetings before officers of the Court or other Government or Semi-Government authorities.

Explanation: Clause 8 (Engagement of professionals) This clause ensures access to expert advice to enable effective management of complex tasks that require professional input.

8. To nominate, appoint, engage any authorities, Advocates, architects, surveyors, engineers, and other professional agents, and to sign and give warrants or vakalatnamas or other authorities as may be necessary from time to time, and invoke their appointment and pay their remuneration, including special fees and charges.

Explanation: Clause 8A (Settlement and arbitration of disputes) This clause promotes efficient dispute resolution by allowing the attorney to settle or arbitrate disputes, in order to minimise the cost for litigation.

8A. To settle, withdraw, compromise, sign consent terms agreeable to her, if any, file any applications, affidavits, submit to arbitration proceedings, and execute the award.

Explanation: Clause 9 (Representation in insolvency proceedings) This clause safeguards the interests of the principal in insolvency cases to ensure representation to maximise recovery or protection of assets.

9. To make any declaration or affidavit in proof of any debt or debts due or claimed to be due to me in any proceedings taken or hereafter to be taken by or against any person, firm, or company under any Act or Ordinance for the time being in force for the relief or otherwise of insolvent debtors or the winding up of companies, and to attend all meetings of creditors under any such proceedings, and to propose, second, or vote for or against any resolution at any such meeting, and generally to act for me in all proceedings, whether by way of bankruptcy or liquidation by arrangement or by composition, which may be taken against or for the relief of any debtor in respect of the premises mentioned in the schedule herewith as the Attorney shall think fit.

Explanation: Clause 10 (Payment of taxes and dues) This clause ensures the principal remains compliant with tax and financial obligations, which prevents imposition of penalties or legal issues that could arise from non-payment.

10. To pay or allow all taxes, rates, assessments, charges, deductions, expenses, and all other payments and outgoings whatsoever due and payable or to become due and payable for or on account in respect of the premises mentioned in the schedule herewith.

Explanation: Clause 11 (Leasing of properties) This clause enables the attorney to generate revenue from the properties of the principal through lease to ensure utilisation of the property.

11. To contract with any person for leasing for such period at such rent subject to such conditions as the Attorney shall see fit in respect of all or any premises, and any such person to let into possession thereof, and to accept surrenders of leases, and for that purpose to make, seal, deliver, and execute any lease or grant or other lawful deed or instrument whatsoever which shall be necessary or proper in that behalf.

Explanation: Clause 12 (Collection of rents and tenancy management) This clause ensures regular rental income and also protects the rights of the principal in the property.

12. To ask, receive, and recover from all receivers, farmers, tenants, and all other occupiers whatsoever, whether holding under a written lease or agreement or otherwise, of my said premises mentioned in the schedule herewith, all rents, arrears of rent, services, issues, profits, emoluments, and sums of money now due, owing, and payable, or at any time hereafter to become due, owing, and payable in respect of the same premises in any manner whatsoever, and also on non-payment thereof or of any part thereof to take summary proceedings to distrain or distress according to law, and to give notices to quit, and vacate, and file suits and proceedings in ejectment, and to recover rents and compensation for use and occupation, and to make, like, and appropriate demands, and take, like, and appropriate actions and proceedings against trespassers.

Explanation: Clause 13 (Sale or mortgage of properties) This clause allows the attorney to liquidate or leverage properties to meet the financial needs of the principal.

13. To sell (either by public auction or privately) or exchange and convey, transfer, and assign any of the said premises mentioned in the schedule herewith for such consideration and subject to such covenants as the Attorney may think fit, and to give receipts for all or any part of the purchase or other consideration money, and the same or any of them with like power to mortgage, charge, or encumber, and also to deal with my immovable personal property or any part thereof as the Attorney may think fit for the purpose of paying off, reducing, consolidating, or making substitution for any existing or future mortgage, charge, encumbrance, hypothecation, or pledge thereon or thereof or any part thereof, and to make or concur in any transfer of or alteration in the terms of any existing or future mortgage, charge, hypothecation, or pledge of the same or any part thereof as the Attorney shall think fit, and in general to sanction any scheme for dealing with mortgages, charges, hypothecations, or pledges of any premises mentioned in the schedule herewith or any part thereof as fully and effectually as I myself could have done.

Explanation: Clause 14 (Acquisition of properties) This clause enables the attorney to acquire assets that enhance the property holdings of the principal.

14. To purchase, take on lease, or otherwise acquire such lands, houses, tenements, and immovable property generally as the Attorney may think fit or desirable.

Explanation: Clause 15 (Pledging of assets) This clause enables the attorney to secure necessary financing for the affairs of the principal by using assets as collateral to meet financial obligations.

15. To pledge, hypothecate, or charge, or concur in pledging, hypothecating, or charging with, to, or in favour of a respectable Bank or Banks (and not individual Banker or shroff or firm of Bankers or shroffs) in respect of any premises mentioned in the schedule herewith for such consideration and subject to such conditions as the Attorney may think fit, and for that purpose to sign, seal, execute, and deliver all necessary instruments and deeds of mortgage, charge, hypothecation, pawn, pledge, lien, and trust receipts, and to receive the consideration money or otherwise for such pledge, pawn, hypothecation, charge, mortgage, lien, and the like.

Explanation: Clause 16 (Handling financial instruments) This clause ensures smooth handling of financial instruments, enabling the attorney to execute transactions and manage investments efficiently on behalf of the principal.

16. Also to draw, make, sign, accept, or endorse, pledge, hypothecate, or otherwise negotiate all or any foreign or inland bills of exchange, Hundis, cheques, orders for payment of money, and promissory notes, and to sign, seal, execute, deliver, endorse, accept, assign, or transfer all mortgage deeds, bills of lading, delivery orders, or other symbols or indicia of or documents of title relating to goods or merchandise, policies of assurances, charter parties, ships’ certificates, bills of sale, securities of any Government, empire, kingdom, republic, state, territory, colony, country, municipality, or local authority wheresoever situate, or other stocks, shares, debentures, mortgages, obligations, or other securities of any company or corporation, whether commercial, municipal, or otherwise, and all and every other public or other securities, stocks, or shares, foreign or otherwise, and to deal with the same and to receive the proceeds thereof respectively.

Explanation: Clause 17(Operation of bank accounts) This clause ensures uninterrupted access to and management of the funds of the principal to facilitate financial transactions.

17. To continue and/or to open new, current, and/or overdraft accounts (including NRI/NRE Accounts) in my name with any Banks or Bankers and also to draw cheques and otherwise to operate upon any such accounts.

Explanation: Clause 18 (Sale of investments) This clause allows the attorney to liquidate or reallocate investments to meet the financial goals of the principal.

18. To sell any of my present or future investments and for that purpose to employ and pay brokers and other agents in that behalf, and to receive and give receipts for the purchase money payable in respect of such sales, and to transfer any of my investments so sold to the purchaser or purchasers thereof or as he or they may direct, and for these purposes to sign and execute all such contracts, transfer deeds, and other writings, and do all such other acts as may be necessary for effectually transferring the same.

Explanation: Clause 19(Trading of securities) This clause allows the attorney to buy or sell securities through authorised brokers, to actively manage the investment portfolio of the principal in physical or electronic modes.

19. To purchase, sell, or otherwise deal in all shares, stocks, mutual funds units, debentures, and other forms of securities, marketable or non-marketable, through authorised brokers either in the physical mode or electronic mode, and to do all such acts and execute all such documents as may be deemed for that purpose or otherwise.

Explanation: Clause 20 (Trading in stock exchanges) This clause allows the attorney to trade shares in the demat account in order to ensure active participation in financial markets to optimise the returns on investments.

20. To trade on behalf of me on the shares held by me in the Demat account/s in any of the stock exchanges all over India.

Explanation: Clause 21(Management of depository accounts) This clause authorises the attorney to open and manage depository accounts, enabling efficient handling of the securities belonging to the principal.

21. To open Depository Account(s) in my name, singly or jointly, and is authorised to sell, purchase, endorse, transfer, and assign all or any shares, stock, bonds, units of mutual funds, or debentures which are held in my DMAT account(s).

Explanation: Clause 22(Delegation of fiduciary duties) This clause allows the attorney to perform fiduciary duties to ensure continuity in managing the estates of the principal.

22. To exercise any power and any duty vested in me whether solely or jointly with another or others as executors, administrator, trustee, or in any other fiduciary capacity (including powers and trusts to sell or lease land or to receive and give good receipts for money) so far as such power or duty is capable of being validly delegated.

Explanation: Clause 23 (Registration of documents) This clause permits the attorney to appear before registrars to register deeds or contracts, for the purpose of completing the legal formalities for the property transactions of the principal.

23. And also to appear before the Registrar of any district or sub-district Registrar of deeds appointed or to be appointed under any act or law for the time being in force or otherwise for the registration of deeds, assurances, contracts, or other instruments, and then and there or at any time thereafter to present and register or cause to be registered any deeds, assurances, contracts, or other instruments in which I am or may be by the Attorney be deemed to be interested, and also these presents, and to pay such fees as shall be necessary for the registration.

Explanation: Clause 24(Execution of contracts) This clause enables the attorney to formalise agreements to ensure that the interests of the principal are legally protected in the dealings.

24. To enter into, make, sign, seal, execute, deliver, acknowledge, and perform all engagements, contracts, agreements, indentures, declarations, bonds, deeds, assurances, documents, papers, writings, and things that may be necessary or proper to be entered into, made, signed, sealed, executed, delivered, acknowledged, and performed in respect of the said premises mentioned in the schedule herewith or to or in which I am or may be party or in any way interested.

Explanation: Clause 25 (Appointment of substitutes) This clause allows the attorney to delegate tasks for proper management.

25. And also for the better and more effectually doing, effecting, and performing the several matters and things aforesaid to appoint from time to time or generally such person or persons as the Attorney may think fit as her substitute or substitutes to do, execute, and perform all or any such matters and things as aforesaid, and any such substitute or substitutes at pleasure to remove and to appoint another or others in her or their place, and I hereby agree at all times to ratify and confirm whatsoever the Attorney or any such substitute or substitutes shall lawfully do or cause to be done in or about the premises.

Explanation: Clause 26 (Scope of powers) This clause is necessary to ensure the authority covers any unforeseen circumstances to protect the interest of the principal effectively.

26. And for more effectually removing any doubt which may arise as to the true meaning of the premises mentioned in the schedule herewith or as to the construction or application of the powers, authorities, and discretion hereby conferred, I do hereby declare that the powers, authorities, and discretions hereby conferred shall not in any case be deemed to revoke any powers or authorities or discretions before given by me to the Attorney or to any other person or persons or be deemed to be limited by any such previously given powers, authorities, and discretions or be deemed to be limited to such transactions and matters as are herein expressly mentioned, but the same are intended to extend and shall in all cases extend to any other matters or transactions not herein precisely mentioned or defined which in the course of any of my businesses, concerns, or affairs may by the Attorney be deemed to be requisite or expedient to be done or performed.

Explanation: Clause 27(Exercise of powers during presence of the principal) This clause ensures the powers of the attorney remain effective even when the principal is present, allowing uninterrupted management of affairs during the incapacity or absence of the principal.

27. And I do hereby declare that all the powers and authorities and discretions hereby conferred upon the Attorney in respect of the premises mentioned in the schedule herewith shall be available for exercise by her both during my absence as also at the same time and place along with the Attorney.

Explanation: This part confirms the legal enforceability of the actions of the attorney, which will allow the third parties to deal with the attorney with any issues.

AND I, the abovenamed Anita Virendra Patel, do hereby undertake to ratify whatever the Attorney or any substitute or agent appointed by her under the power in that behalf hereinbefore contained may lawfully do or cause to be done in and by virtue of these presents.

Explanation: The parties have signed the power of attorney in the presence of two witnesses to make it enforceable.

IN WITNESS WHEREOF I, the abovenamed Anita Virendra Patel, have hereunto set my hand and seal this … day of … in the Christian Two Thousand and Twenty-Five.

SIGNED, SEALED AND DELIVERED 

by the withinnamed Anita Virendra Patel

 in the presence of: 

1.

2.

SIGNED, SEALED AND DELIVERED 

by Priya Virendra Patel 

in the presence of: 

1.

2.

Now that you have learnt about the drafting process, you must also be aware of the stamp duty and registration requirements of a general power of attorney.

What are the stamp duty and registration charges imposed on a general power of attorney?

Each State has its own laws that specify the stamp duty, which is imposed on a general power of attorney.

As a practice, it is advisable to always check the stamp law of your State.

For instance, in the State of Maharashtra, you have to look at Article 48 of the Maharashtra Stamp Act, 1958, which specifies the stamp duty imposed on a power of attorney in different circumstances. 

I will enumerate a few circumstances and mention the stamp duty applicable thereto.

Clause (d) of Article 48 states that if the power of attorney authorises one person to act in more than one transaction or generally, then the stamp duty which shall be imposed shall be ₹500. 

Clause (e) of Article 48 states that if the power of attorney authorises more than one person to act in a single transaction or multiple transactions jointly or severally, the stamp duty shall be ₹500.

Clause (h) of Article 48 states that if the power of attorney is given for any other case which is not covered above, the stamp duty shall be ₹500 per person authorized.

The registration of a general power of attorney is governed by the Registration Act,1908, and I will show you in which cases it is mandatory to register a general power of attorney and in which cases it is not.

If the general power of attorney authorizes the sale, transfer, or other dealings with immovable property (e.g., land, buildings), then it must be registered and the registration charges that shall be payable are 1% of the market value or ₹30,000, whichever is lower.

If such a general power of attorney authorises close relatives and is made without consideration, then the registration charges shall be ₹100.

If the general power of attorney is executed for other purposes without involving any immovable property, then in that case, it does not require registration. In certain states, like the State of Maharashtra, it is sufficient if it is executed on a ₹500 stamp paper, which is notarised by a Notary Public. For other states, you will have to refer to the practice followed in the respective states.

Conclusion

With the help of this guide, you are equipped to draft a general power of attorney. You can implement the practical knowledge that you have gained in your practice, which will help you significantly not only in respect of drafting a general power of attorney but also in drafting other deeds and documents, as you will henceforth look to understand the logic behind the clauses of a document instead of following a cut copy paste method.

Frequently asked questions(FAQs)

1. What is the difference between a general power of attorney and a special power of attorney?

The main factor of distinction between a general power of attorney and a special power of attorney is the scope of authority. In a general power of attorney, the scope is broad and comprehensive, whereas in a special power of attorney, it is limited and specific

2. What are the circumstances under which a general power of attorney is made?

There are no fixed circumstances to make a general power of attorney but generally, if someone is unable to give time for a particular work or is suffering from health issues or is intending to travel abroad, then in such cases, one can consider making a general power of attorney.

3. Who can be appointed as an agent in a general power of attorney?

Any family member, a friend, or a trusted person can be appointed as an agent in a general power of attorney.

4. Is it mandatory to register a general power of attorney?

It depends on whether the general power of attorney authorises the sale or transfer of immovable property; if it does, it is mandatory to register it. In all other cases, it is not mandatory.

5. Can a general power of attorney be used to sell property in India?

The Hon’ble Supreme Court has in the case of Suraj Lamp and Industries Pvt. Ltd v/s State of Haryana and Ors.[(2011) 11 S.C.R. 848], held that a general power of attorney cannot be used to transfer title or ownership of immovable property in India as it is not an instrument of transfer.

This view has been confirmed by the Hon’ble Supreme Court in the case of Ghanshyam v Yogendra Rathi [(2023) 7 SCC 361]

However, a general power of attorney can authorise other actions (e.g. authorise the agent to sign sale agreements or admit execution or appear before authorities), provided it is properly stamped and registered, but it cannot be used as an instrument of transfer.