Power of Attorney in Haryana: Registration Process, Documents & Validity

Knowing how to get a Power of Attorney in Haryana is important for property owners, NRIs, and anyone who needs someone to legally act on their behalf. A Power of Attorney (POA) allows a trusted person, called an agent, to manage property, financial, or legal matters for the principal. In Haryana, POA rules follow the Indian Contract Act, 1872 and the Registration Act, 1908, which require proper execution, stamping, and registration for validity in property-related transactions. Understanding these rules ensures the POA is legally accepted and protects your rights in future dealings.

Types of Power of Attorney in Haryana 

The effectiveness and scope of a POA are determined by the specific powers and duration granted by the Principal. These are broadly categorized below. [1]

General Power of Attorney 

A general power of attorney in Haryana grants the Agent broad authority to make decisions and act on behalf of the Principal in almost all matters, excluding those specifically prohibited by law.

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• Purpose: To manage general affairs, such as collecting rent, paying taxes, managing bank accounts, or handling routine property maintenance over a sustained period.
• Stamp Duty: Stamp duty is generally nominal, though the exact amount varies depending on the type of activity and the specific transaction.
• Registration Required: While not compulsory for general financial management, registration is mandatory if the POA is used for transactions involving immovable property.

Special Power of Attorney 

The Special Power of Attorney (SPA) is highly restricted in its scope, limited to a specific task or a short period.

• Purpose: To grant authority for a singular, clearly defined act, such as signing a final sale deed for one specific property or appearing for one particular court hearing.
• Key Feature: The authority automatically terminates once the specified task is completed or the defined time limit expires.

Durable Power of Attorney 

A Durable Power of Attorney remains valid and effective even if the Principal becomes physically or mentally incapacitated.

• Purpose: This type is primarily used for future planning, ensuring that financial or medical affairs can be managed without interruption if the Principal is unable to communicate their wishes.

Medical / Healthcare Power of Attorney 

This specific POA grants the Agent the authority to make healthcare decisions on the Principal's behalf, including choices regarding treatments, surgeries, and life support, should the Principal be unable to communicate.

Financial Power of Attorney 

This POA is strictly limited to managing the Principal’s financial affairs, including bank accounts, tax returns, and investments, but does not extend to physical property transactions or healthcare decisions.

Revocable & Irrevocable Power of Attorney 

All POAs are inherently Revocable by the Principal at any time, provided the Principal is of sound mind. An Irrevocable POA is rare and is typically created only when the Agent has been granted the authority in exchange for a consideration (payment) or when the Agent has a stake in the property.

Springing Power of Attorney 

A Springing POA is unique because it becomes effective only upon the occurrence of a specified future event, such as the Principal's medical incapacitation, as determined by a physician.

Documents Required for Power of Attorney in Haryana 

To execute and register a POA for a property in the state, the following documents must be prepared and authenticated. [1]

• Passport-size Photo and identification proof of the Parties
• Address Proof (Principal & Agent)
• Tax Receipt or Property Index II: In case the POA is related to the transfer or management of immovable property, the latest property tax receipt or Index II of the property is required.
• Draft Deed: The final, printed copy of the POA deed, clearly outlining the powers granted and the tenure of the agreement.

How to Make a Power of Attorney in Haryana? 

The formal creation of a POA involves drafting the document and ensuring its execution is properly witnessed and verified. [1]

• Step 1: The POA document must be drafted by a legal document preparer, clearly detailing the Principal's and Agent's information, the specific powers granted, and the duration of the agreement.
• Step 2: Execute the POA on appropriate non-judicial stamp paper as per the applicable stamp duty norms of Haryana.
• Step 3: Get the POA notarized by signing it in front of a Notary Public. The deed must also be attested by two witnesses who sign in the presence of the Principal and the Notary.
• Step 4: Prepare all supporting documents, including photographs and ID proofs, for the final registration step.

Procedure for Registration of Power of Attorney in Haryana 

If the POA grants the power to sell, mortgage, or transfer property, registration is mandatory. It must be completed at the Sub-Registrar's Office (SRO) in the jurisdiction where the property is located. This applies to the power of attorney for property registration in Haryana. [1]

• Step 1: SRO Submission: The Principal (or a designated representative) must submit the notarized POA along with all supporting documents to the Sub-Registrar.
• Step 2: Verification: The Sub-Registrar verifies the stamp duty payment, the identity of the Principal and Agent, and confirms that the POA grants specific, legal powers.
• Step 3: Biometric/Signature Verification: The Principal and Agent must sign the SRO Register.
• Step 4: Collection: After the process is complete, the registered POA document is issued, granting legal validity.

Power of Attorney Cost and Validity in Haryana 

The total cost of obtaining a POA in Haryana varies and includes legal drafting, notarization, and mandatory registration fees. [1]

• Drafting and Legal Fees: Professional drafting of the POA deed costs approximately ₹3,499 (varies by service).
• Notarization Cost: Getting the deed notarized costs approximately ₹3,999 (varies by service).
• Registration Fee (Property-Related): The power of attorney charges in Haryana for mandatory registration are significantly higher, ranging from approximately ₹6,499 to ₹ 6,499 (depending on the value of the transaction).
• Validity: A POA remains valid until the Principal's death, or until a specific expiry date is mentioned in the deed. It can also be revoked by the Principal at any time, provided they are of sound mind.

Power of Attorney for NRIs 

For Non-Resident Indians (NRIs) who own property in Haryana, executing a POA requires adherence to specific protocols for overseas document attestation.

• Execution Abroad: The NRI must execute the POA deed on plain white paper.
• Attestation by Embassy/Consulate: The draft must be attested by a Notary Public in the foreign country and then countersigned or attested by the Indian Embassy or Consulate in that country.
• Registration in India: The attested POA must then be sent to the Agent in India, who must register it with the local Sub-Registrar's Office within the prescribed period.

How NoBroker Can Help with Legal Services?

Navigating the complexities of legal documentation and mandatory registration for power of attorney in Haryana requires expert guidance. NoBroker provides end-to-end legal support, simplifying the entire POA process. We assist in drafting precise General or Special Power of Attorney deeds, ensure adherence to specific Haryana stamp duty requirements, and coordinate notarization and the final SRO registration steps, guaranteeing that your legal authority delegation is secure, legally compliant, and hassle-free.

Frequently Asked Questions?

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