Power Of Attorney in Delhi: Types, Documents, Registration, Cost and Validity in 2025

A Power of Attorney (POA) is a legal document that allows an individual to authorize another person to manage their affairs. In Delhi, a POA is particularly important for handling the city’s complex property, legal, and financial matters, enabling smooth transactions even when the principal cannot be physically present. This guide explains the types of POAs, the step-by-step procedure, associated costs, and legal requirements for creating a valid and enforceable POA in the National Capital Territory of Delhi.

Types of Power of Attorney in Delhi

The legal framework in Delhi provides for several types of POAs, each designed for specific circumstances and granting different levels of authority.

1. General Power of Attorney (GPA)

• Purpose: A General Power of Attorney grants broad authority to an agent to manage a wide range of affairs, such as operating bank accounts and handling multiple properties.
• Stamp Duty: A nominal fee is applicable if granted to a close relative. If granted to a non-relative for property sale, the stamp duty on power of attorney in Delhi is equivalent to that of a sale deed.[4][5]
• Registration Required: Registration is mandatory if the GPA creates an interest in any immovable property with a value of ₹100 or more. [1]

2. Special Power of Attorney (SPA)

• Purpose: A Special Power of Attorney is limited to a specific task or a single transaction, such as signing a particular legal document or completing the sale of one designated property.
• Stamp Duty: A nominal fixed stamp duty is applicable, as the powers are restricted.[2]
• Registration Required: Mandatory for any POA related to the sale or transfer of immovable property. [2]

3. Durable Power of Attorney

• Purpose: A Durable POA is specifically designed to remain legally effective even if the principal becomes mentally or physically incapacitated. It is a critical instrument for long-term planning.
• Stamp Duty: The stamp duty is determined by the nature of the powers granted (whether general or special).
• Registration Required: Highly recommended for legal enforceability, especially if it includes authority over property or financial assets.[2]

4. Medical / Healthcare Power of Attorney

• Purpose: This POA empowers an agent to make healthcare and medical treatment decisions on behalf of the principal should they become unable to communicate their own wishes.
• Stamp Duty: Generally subject to a fixed nominal stamp duty.
• Registration Required: While not always mandatory, registration is strongly advised to ensure it is honoured by medical institutions without dispute.[2]

5. Financial Power of Attorney

• Purpose: This document grants an agent the specific authority to manage the principal's financial affairs, including banking operations, investment management, and filing tax returns.
• Stamp Duty: Varies based on the scope; it can be a fixed fee for general management or percentage-based if it includes the power to sell financial assets.[3]
• Registration Required: Recommended for all significant financial matters to ensure acceptance by banks and other financial institutions.

6. Revocable & Irrevocable Power of Attorney

• Purpose: A Revocable POA can be cancelled by the principal at any time. An Irrevocable Power of Attorney, however, is created for a consideration and cannot be unilaterally cancelled. It is often used in development agreements.
• Stamp Duty: Varies based on the underlying transaction and powers.
• Registration Required: Registration is mandatory for any Irrevocable POA that pertains to immovable property. [2]

7. Springing Power of Attorney

• Purpose: This type of POA is designed to "spring" into effect only upon the occurrence of a specific, pre-defined event, most commonly the certified incapacitation of the principal.
• Stamp Duty: The stamp duty follows the rules of the type of POA it will become upon activation (e.g., Durable General POA).
• Registration Required: Recommended to ensure the document's validity is not challenged when the triggering event occurs. [2]

Documents Required for Power of Attorney in Delhi

To create and register a POA, a standard set of documents for all involved parties is necessary for legal verification at the Sub-Registrar's office.

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• Any Identity Proof and Address Proof of the Principal and the Agent (e.g., Aadhaar Card, Passport).
• Two recent passport-sized photographs of the Principal, Agent(s), and witnesses with their identity Proof and Address Proofs.
• The original, drafted Power of Attorney document, was printed on appropriate stamp paper for a Power of Attorney in Delhi.
• The original property ownership documents (e.g., Sale Deed) are required.[1][2]

How to Make a Power of Attorney in Delhi?

The process of creating a Delhi power of attorney involves careful drafting and execution to ensure it is legally compliant and accurately reflects the principal's intentions.

• Step 1: Engage a lawyer to determine the correct type of POA for your specific needs and to draft the document.[2]
• Step 2: The lawyer will draft the POA, clearly defining the principal and agent, the specific powers being granted, the duration of the POA, and any limitations.
• Step 3: The final draft of the POA must be printed on a non-judicial e-stamp paper of the appropriate value. The value of stamp paper for a power of attorney in Delhi is determined by the nature of the transaction.[4]
• Step 4: The principal must sign the POA document on all pages in the presence of two adult witnesses. The agent's signature may also be required. The witnesses must also sign and provide their details.

Procedure for Registration of Power of Attorney in Delhi

The registration of a power of attorney in Delhi is a mandatory step for any POA related to immovable property, making the document legally enforceable and publicly recorded.

• Step 1: An appointment must be booked online at the designated Sub-Registrar's office that holds jurisdiction over the principal's residence or the property location.[1]
• Step 2: The principal, agent(s), and the two witnesses must be physically present at the Sub-Registrar's office on the scheduled date and time.
• Step 3: The executed POA document, along with all original identity proofs and property documents, must be presented to the official.
• Step 4: Officials will capture the photographs and fingerprints (biometrics) of all parties presenting themselves.
• Step 5: Pay the applicable power of attorney registration fee in Delhi at the designated counter. [5]
• Step 6: The Sub-Registrar will verify the documents and the identity of the parties before officially registering the POA. The registered document can be collected after the process is complete. [1]

Power of Attorney Cost and Validity in Delhi

The total power of attorney cost in Delhi is a sum of the stamp duty, registration fees, and any legal drafting charges.[4][5]

• Stamp Duty:
  • For a general power of attorney in Delhi without consideration, a nominal stamp duty (e.g., ₹50) is applicable. [3]
  • For a power of attorney for property in Delhi authorising sale to a non-relative, the stamp duty is equivalent to that of a conveyance deed (4-6% of the property value). [4][5]
• Registration Fees: The registration fee is typically 1% of the property value plus pasting fees, or a smaller fixed fee for non-property-related POAs. The general power of attorney registration fee in Delhi without property consideration is nominal. [5]
• Validity: A POA is valid until the principal formally revokes it, the purpose is completed (for an SPA), or upon the death of either the principal or the agent. A Durable POA remains valid despite the principal's incapacitation. [2]

Power of Attorney for NRIs

For Non-Resident Indians (NRIs) with assets in Delhi, a NRI power of attorney is an essential instrument for managing their affairs from abroad. [2]

• Purpose: It allows an NRI to authorise a trusted person in Delhi to handle property transactions, manage bank accounts, or deal with other legal and financial matters.
• Procedure: The POA must be drafted and signed by the NRI in their country of residence.
• Attestation: The critical step is getting the POA attested (legalised) by the Indian Embassy or Consulate in that country, or apostilled as per the Hague Convention.
• Registration in India: The attested POA must then be sent to India, where it needs to be stamped and registered at the relevant Sub-Registrar's office in Delhi to be legally valid for property transactions. This is a key part of the property registration in Delhi process for NRIs. [1][2]

How NoBroker Can Help with Legal Services

Navigating the legalities of a power of attorney for property in Delhi, with its specific stamp duty and registration rules, can be complex. NoBroker's legal services in Delhi simplify this entire process. Our team of expert lawyers can handle the precise drafting of your POA, ensure correct stamping as per the latest Delhi regulations, and provide complete guidance through the registration procedure, making the experience seamless and secure.

Frequently Asked Questions

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