Growthify

The Ultimate Guide

Draft Your Power of Attorney with Growthify

We draft, register, and deliver your Power of Attorney : pinpointing exact powers, duration, and revocation rights in unambiguous terms. We navigate state-specific stamp duty, registration, and tax rules to secure instant approval. Plain language outlines authority and limits, giving agents and principals full confidence.

A Power of Attorney (POA) is a legal document which enables one person (the Principal or Grantor) to authorize another (the Agent or Attorney-in-fact) to act on their behalf in specific conditions such as Financial Transactions, Healthcare Decisions( Medical Power of Attorney), Property management, or Legal representation (Power of Attorney for Lawyer). It is especially useful in medical emergencies, abroad visits/ stays, or age-related infirmity, when the principal is unable to manage their affairs themselves. The scope of authority assigned can be broad or limited, short-term or long-term in nature, depending on the needs of the principal. Once signed, the agent assumes the principal's legal rights for the specified purpose, assuring continuity, protection, and convenience.

We help clients to make Power of Attorney at Growthify without the stress and confusion that usually comes with it. Using smart digital tools, we help you prepare legally correct and personalized documents quickly and smoothly. On this page, you’ll learn about different types of Power of Attorneys, essential documents, its process, and how Growthify helps you get everything done with confidence and ease.

TYPES OF Power of Attorney

Power of Attorney come in various forms, each designed to meet specific needs based on Customer requirements

Pick Your Power of Attorney

General Power of Attorney

Here the agent can represent the principal in any situation that is permitted by state law. The agent may be able to manage assets, buy / sell / Lease Property, Sign Cheques, Handle Bank Accounts, and File Taxes on behalf of the principal under such an agreement.

Decode Specific Power of Attorney Type

Specific Power of Attorney

It is restricted to certain tasks or duration or legal boundaries or conditions. It may be Financial Power of Attorney or Medical Power of Attorney or Limited Power of Attorney or Durable Power of Attorney or Springing Power of Attorney, etc.

Power of Attorney PROCESS

Power of Attorney come in various forms, each designed to meet specific needs based on the Customer requirements

1. Gather Details from Parties

We begin by collecting key information from both the Principal and Attorney. Our platform provides an intuitive questionnaire that prompts for details like Power details (buy/ sell properties, operate/ manage bank ac, signing authority, etc), Property details (Land, House, Gold, Jewelry, etc), Consideration Amount, Legal Capacities, Validity, Duration, Termination, Revocation clause and other special conditions. This ensures we capture all necessary data upfront, reducing revisions later.

2. Draft the Power of Attorney

Using the information provided, our staff develops the suitable draft in accordance with your requirements. The team then evaluates the manuscript, tailoring sections to your unique need. For example, a customer may require a clause for specific powers, such as selling and receiving consideration for a certain property, which our team can create in accordance with industry standards. Our legal experts would also recommend new terms to improve clarity or compliance, such as dispute resolution processes.

3. Compliance Check

Once your Power of Attorney Draft is complete, our Legal Professionals at Growthify will carefully analyze it to ensure that it complies with current laws and regulations. If anything vital is lacking, such as party details, a clause, or precise phrasing about how and when the agreement terminates, it will be flagged immediately. This extra layer of review serves to protect you from legal difficulties in the future by ensuring your document is solid, valid, dispute-free, and ready to utilize when necessary.

4. Notarization and/ or Registration

In India, a Power of Attorney for Property, especially when transferring Ownership or Rights, must be registered. Notarization is typically sufficient for routine Financial or Administrative transactions. While Notarization ensures authenticity, registration provides greater legal validity. Creating a Power of Attorney is Simple with Growthify. We prepare a registration-ready document with Stamp Duty details based on your inputs and even register it for you. Do you require notarization? We can do the attestation and verification at your place. No lines, no stress. We deliver the notary to you.

5. Deliver the Final Product

Growthify provides the parties with the final Power of Attorney in a formal and legally valid format; once the draft has been vetted, notarized, and registered (where appropriate). The document is physically delivered to the clients. And to verify agreement before the final delivery, our review system enables parties for review and to provide feedback in real-time.

DOCUMENTS REQUIRED

Our service is available to all individuals and businesses of all sizes, from solo entrepreneurs to large corporations.

Necessary Documents required for a Power of Attorney

Draft of Power of Attorney
Identity Proof of Principal and Agent (PAN card, Aadhaar card, passport, voter ID, or driver’s license
Address Proof of Principal and Agent (Utility bills, Aadhaar, passport, or rental agreement)
Passport-size Photographs of both Principal and Agent
Id Proof of two Witnesses
Notarization (For general use)
Registration: Mandatory for property-related Power of Attorneys under Section 17 of the Registration Act, 1908.
Supporting Documents (if applicable: ownership papers, sale agreement, or mutation documents, etc.)

Common Questions on Power of Attorney

Power of Attorney vary by purpose, each requiring specific content to meet legal requirements.

What is a Power of Attorney under Indian law, and what is its statutory basis?

A Power of Attorney (PoA) is a written instrument by which one person, termed the principal or donor, appoints another, designated as the attorney or donee, to act on his behalf in legal, financial, or administrative matters. Its validity stems from Sections 1A and 2 of the Powers of Attorney Act, 1882, read with the Indian Contract Act, 1872, requiring lawful object, free consent, and competent parties. The instrument creates an agency relationship under Chapter X of the Contract Act, binding the principal for acts performed by the attorney within the scope of authority conferred.

What are the principal types of Power of Attorney recognized in India?

Indian practice distinguishes between a General Power of Attorney, which grants broad authority over all affairs of the principal, and a Special Power of Attorney, limited to specified acts such as sale of a particular property or representation before a tribunal. A Durable Power of Attorney remains effective notwithstanding the principal’s subsequent mental incapacity, provided it expressly so stipulates. An Irrevocable Power of Attorney, often coupled with interest, cannot be revoked without the attorney’s consent and is typically executed in commercial transactions to secure performance.

Is registration of a Power of Attorney compulsory for legal enforceability?

Registration is not universally mandatory but becomes obligatory under Section 17 of the Indian Registration Act, 1908, when the PoA authorizes the attorney to execute a document that itself requires registration, such as a sale deed of immovable property valued above Rs. 100. An unregistered PoA in such cases is inadmissible to prove authority for registration. However, for movable property, bank transactions, or litigation, a notarized but unregistered PoA suffices. Registration at the Sub-Registrar’s office ensures evidentiary certainty and prevents repudiation.

How is stamp duty levied on a Power of Attorney across Indian states?

Stamp duty is governed by the Indian Stamp Act, 1899, as amended by state schedules. A General PoA typically attracts fixed duty. A Special PoA for a single immovable property transaction is charged as a conveyance, often 1–2% of the property’s market value. PoA executed for consideration or coupled with interest is stamped as a conveyance on the consideration amount. Under-stamping invites impounding and a penalty up to ten times the deficit.

Can a Power of Attorney be executed by a person residing abroad, and what formalities apply?

A Non-Resident Indian or foreign-resident principal may execute a PoA before a Notary Public, Indian Consul, or diplomatic officer at the embassy, followed by apostille under the Hague Convention or consular attestation for non-Hague countries. The document must then be adjudicated for stamp duty in India if it relates to immovable property. Alternatively, the principal may appear before the Sub-Registrar in India. Digital execution via video conferencing, recognized post-COVID under Rule 16A of the Registration Rules in several states, permits remote execution provided identity is verified through Aadhaar OTP.

What safeguards prevent misuse of a Power of Attorney, and when may it be revoked?

The instrument must delineate the scope of authority with precision; acts beyond the mandate are void. The principal retains the right of revocation at will unless the PoA is irrevocable by reason of coupled interest. Revocation is effected by a registered deed of revocation, with public notice in newspapers and intimation to concerned authorities such as banks or the Sub-Registrar. Death, insolvency, or unsoundness of mind of the principal automatically terminates the agency under Section 201 of the Contract Act, except in the case of a durable PoA.

Are electronic signatures permissible on a Power of Attorney in India?

Yes, Aadhaar-based eSign or Class 3 digital signatures issued by licensed Certifying Authorities under the Information Technology Act, 2000, are valid for PoA execution. The document must identify the signatory, manifest intent, and maintain an audit trail. However, if registration is required, the electronically signed PoA must be printed on e-stamp paper of requisite value and presented physically to the Sub-Registrar. A clause acknowledging electronic execution eliminates ambiguity.

What are the consequences of acting under an invalid or revoked Power of Attorney?

Transactions executed by an attorney after revocation or termination of authority are void ab initio against the principal, though third parties acting in good faith may claim protection under Section 208 of the Contract Act if unaware of termination. The principal may ratify such acts subsequently. Fraudulent misuse invites civil liability for breach of trust and criminal prosecution under Sections 405–409 (criminal breach of trust) or Section 420 (cheating) of the Indian Penal Code, 1860, alongside revocation and damages.

How does a Power of Attorney interact with succession and tax laws in India?

A PoA ceases upon the principal’s death and cannot be used to transfer title post-mortem; estate devolution follows succession laws. Execution of a sale deed under PoA attracts capital gains tax in the principal’s hands under Section 45 of the Income Tax Act, 1961, with the attorney merely acting as conduit. No gift tax arises unless the PoA itself transfers beneficial interest. Registration of the sale deed triggers mutation, and the attorney must furnish the principal’s PAN for TDS compliance under Section 194-IA.

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