Power of Attorney: New Rules and Process

Why Power of Attorney Matters

A Power of Attorney (POA) is a legal document that allows you to grant someone you trust the authority to make decisions on your behalf regarding property, finances, or legal matters. It helps NRIs a lot since they may not be in India. In Uttar Pradesh (UP), rules got stricter after 2023 for property cases. Data shows that about 50 lakh POAs are registered in India each year, with 20% of these being held by NRIs. This blog covers the latest 2025 rules, steps, and tips, so you can make the right choice.

What is a Power of Attorney and Its Types?

Power of Attorney is a legal document under the Power of Attorney Act, 1882. It lets the main person (principal) give rights to an agent for certain tasks or all tasks. Main types:

General Power of Attorney (GPA): Gives broad powers, like handling property, banking, or legal work. Supreme Court (2025) says GPA cannot transfer property ownership without a registered sale deed.

Special Power of Attorney (SPA): For one specific job, like selling one property. It is safer with limited powers. Cost: 500 to 2000 rupees (Chanda Associates, 2025).

Durable POA: Stays valid even if the principal loses mental fitness. Less common in India, but good for NRIs.

Revocable/Irrevocable POA: 70% POAs are revocable, so the principal can cancel anytime (NRIWAY, 2025).

Principal must be over 18 and mentally fit.

Process to Make a Power of Attorney

Making a Power of Attorney is simple but needs care. Follow these steps:

Drafting: Get a lawyer to make the paper. Include details of principal and agent, powers, and time limit.

Stamp paper: For a normal POA, 100 to 500 rupees stamp paper; for property, 4% stamp duty on the property value.

Signatures and witnesses: Principal, agent, and two witnesses sign. Notary checks it.

Registration: Must for property POA at the sub-registrar’s office. Fee: 1000 to 5000 rupees. Book online at IGRS UP (igrsup.gov.in).

Without registration, the court may say it is not valid. To cancel, make a revocation deed, and tell the agent.

Power of Attorney for NRIs: Process from Abroad

For NRIs, making a Power of Attorney differs since they are not in India. For 2025:

Verification at embassy: Sign the POA at the Indian embassy or consulate. Fee: 20 to 50 USD. Need a passport, a visa, and residence proof.

Apostille: Needed for Hague countries like the USA and, UK. Takes 2 to 4 days (NRIWAY, 2025).

Registration in India: Send the paper to India. An agent or a lawyer can register on the IGRS UP portal. May need Hindi translation.

Digital help: In 2025, UP started online submission to save time.

Tip: Pick only trusted agents. Data shows 30% NRI POA fights come from wrong agent choice.

Rules for Power of Attorney in Uttar Pradesh

In Uttar Pradesh, Power of Attorney is used a lot for property management and sales. Rules after 2023:

Blood relative rule: POA for property prefers blood relatives like parents, siblings. Strict checks for non-relatives.

Stamp duty: 4% on property value. For a normal POA, 100 to 500 rupees.

Registration must: Book on the IGRS UP portal. Data: UP registers 10 lakh POAs yearly, 30% from NRIs.

Digital process: 2025 online registration made it faster.

Wrong drafting can lead to court cases, so talk to a lawyer.

2025 Legal Updates and Supreme Court Rulings

Key updates for Power of Attorney in 2025:

Supreme Court ruling: In October 2025, SCC Online says POA cannot transfer property ownership. Need a registered sale deed.

MEA guidelines: For NRIs, the signature must match the passport.

1882 Act: No change, but digital checks increased (Whitecroft Ford, 2025).

From 2025, agents can sign for registration with POA, but for ownership, a sale deed is a must.

Power of Attorney Precautions and Practical Tips

• Mistakes in a Power of Attorney can cost a lot. Common errors:

• Giving too many powers: Always limit to what you need.

• Skipping registration: Must for property POA.

• Wrong agent: Choose only trusted people.

Tips:

• Use Special POA.

• Keep digital copies safe.

• Review POA every 5 years.

• Data: 40% POA fights go to court.

Cost and Validity

Cost: Drafting 500 to 2000 rupees, registration 1000 to 5000 rupees. Stamp duty: 4% on property.

Validity: For life or a set time. No renewal, make a new POA.

Conclusion: Next Step

In 2025, a Power of Attorney is a strong tool for property management if used correctly. NRIs and UP residents must know the rules. If you have questions, like on POA drafting or registration, ask in direct chat. Contact a legal expert for advice.

The right info keeps your property safe.