How to Get a Power Of Attorney Mumbai: Types, Documents and Registration Process in 2025

Legal documentation plays a crucial role in property, financial, and personal matters, making authorisation tools essential. Among them, the power of attorney Mumbai stands out as a widely used instrument that allows an individual to authorise another person to act on their behalf. Whether it is for property transactions, court-related matters, or financial dealings, this document provides flexibility and legal backing. With multiple types such as general, special, or irrevocable POA, it becomes vital to understand the registration process, charges, and required documents before execution.[4]

Types of Power of Attorney in Mumbai

Mumbai's legal framework 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, extensive powers to an agent to manage a wide range of the principal's affairs, such as operating bank accounts, managing properties, and handling general legal matters.
• Stamp Duty: Varies based on the nature of the authority granted. A simple GPA may require a fixed fee, but if it involves a property sale, it is treated like a sale deed. [2]
• Registration Required: Registration is mandatory if the GPA creates an interest in any immovable property.[4]

2. Special Power of Attorney (SPA)

• Purpose: A Special Power of Attorney is specific and limited in scope. It grants authority to the agent for a single, defined task or a specific set of transactions, such as selling one particular property or representing the principal in a single court case.
• Stamp Duty: A fixed fee is typically applicable, as it does not grant broad powers. [2]
• Registration Required: Registration is mandatory if the SPA is related to the transfer of immovable property. [5]

3. Durable Power of Attorney

• Purpose: A Durable POA is designed to remain in effect even if the principal becomes mentally or physically incapacitated and unable to make decisions. It is a crucial tool for long-term health and financial planning.
• Stamp Duty: Governed by the nature of powers granted (general or special). [6]
• Registration Required: Highly recommended for legal validity, especially if it includes authority over property. [6]

4. Medical / Healthcare Power of Attorney

• Purpose: This POA grants an agent the authority to make healthcare and medical treatment decisions on behalf of the principal if they become incapacitated. It allows the agent to communicate the principal's wishes to medical professionals.
• Stamp Duty: Generally subject to a fixed nominal stamp duty.
• Registration Required: Not mandatory, but highly advisable for legal enforceability in medical institutions. [5]

5. Financial Power of Attorney

• Purpose: This document explicitly grants an agent the authority to manage the principal's financial affairs. This includes managing bank accounts, investing, filing taxes, and paying bills.
• Stamp Duty: Varies; it can be a fixed fee for general management or percentage-based if it includes the power to sell assets. [2]
• Registration Required: Mandatory if it involves immovable property; recommended for all financial matters to ensure acceptance by banks and institutions. [6]

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, cannot be cancelled unilaterally and is typically created when there is a consideration or interest involved, such as in a property development agreement.
• Stamp Duty: Varies based on the underlying transaction and powers. [3]
• Registration Required: Registration is mandatory for an Irrevocable POA related to property. [7]

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 or condition, most commonly the certified incapacitation of the principal.
• Stamp Duty: Follows the rules of the type of POA it will become (e.g., Durable General or Special POA).
• Registration Required: Recommended to ensure the document's validity is not challenged when the triggering event occurs. [6]

Documents Required for Power of Attorney in Mumbai

To create and register a POA, a standard set of documents for all involved parties is necessary for legal verification.  [2]

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• Identity Proof of the Principal, the agent and two witnesses
• Two recent passport-sized photographs of the Principal, the Agent(s) and the witness.
• The original, drafted Power of Attorney document was printed on stamp paper.
• Property card or original title deeds, if the POA is related to immovable property.

How to Make a Power of Attorney in Mumbai?

The process of creating a involves careful drafting and execution to ensure it is legally sound. 

• Step 1: The first step is to consult a lawyer to determine the appropriate type of POA for your needs. A legal expert will ensure the document is drafted precisely.
• Step 2: The lawyer will draft the POA deed, clearly stating the names of the principal and agent, the specific powers being granted, the duration, and any limitations or conditions.
• Step 3: The drafted deed must be printed on stamp paper for a power of attorney in Mumbai of the appropriate value, which depends on the type of POA being created. [2]
• Step 4: The principal must sign the POA document in the presence of two adult witnesses. The witnesses must also sign the document, attesting that the principal signed it willingly. [4] [5]

Procedure for Registration of Power of Attorney in Mumbai

The procedure for registration of power of attorney in Mumbai is a crucial step, especially for property-related matters, to make the document legally enforceable. [4]

• Step 1: The principal, agent(s), and the two witnesses must visit the local Sub-Registrar's office that has jurisdiction over the principal's residence or the property location.
• Step 2: Submit the original signed POA document along with photocopies and the required identity and address proofs of all parties.
• Step 3: The officials will capture the photographs and fingerprints (biometrics) of the principal, agent, and witnesses.
• Step 4: Pay the applicable power of attorney registration in Mumbai fees at the counter. [1]
• Step 5: The Sub-Registrar will verify the documents and, if everything is in order, will register the POA. The registered document can be collected after a few days.

Power of Attorney Cost and Validity in Mumbai

The power of attorney cost in Mumbai includes stamp duty, registration fees, and legal drafting charges.[1] [2] [3]

• Stamp Duty:
  • For POAs not related to property, a fixed stamp duty (typically ₹500) is applicable.
  • For a power of attorney for property registration in Mumbai, the stamp duty is calculated as a percentage of the property's market value (typically 5% in municipal areas).
• Registration Fees: The registration fee is generally 1% of the property's market value, capped at ₹30,000, or a fixed fee for non-property-related POAs.
• Legal Fees: Charges for drafting the document by a lawyer can vary.
• Validity: A POA is valid until the principal revokes it, the specified task is completed (for an SPA), or upon the death of either the principal or the agent. A Durable POA remains valid even after the principal's incapacitation. [6]

Power of Attorney for NRIs

For Non-Resident Indians (NRIs), a NRI power of attorney is an essential tool for managing property and financial affairs in India from abroad. [7]

• Purpose: It allows an NRI (the principal) to appoint a trusted person in India (the agent) to conduct transactions on their behalf, such as buying, selling, or renting out property.
• Procedure: The POA must be drafted and signed by the NRI in their country of residence.
• Attestation: Crucially, the signed POA must be attested (legalised) by the Indian Embassy or Consulate in that country.
• Registration in India: The attested POA must then be sent to India, where it needs to be stamped and, if related to immovable property, registered at the relevant Sub-Registrar's office to be legally valid. [7]

How NoBroker Can Help with Legal Services?

Managing complex paperwork becomes easier when professional guidance is available. With NoBroker, drafting and registering a power of attorney in Mumbai is a smooth and hassle-free experience. Our legal experts in Mumbai provide end-to-end support, including advice on the right type of POA, required documentation, stamp duty, and registration process. From property transactions to NRI requirements, NoBroker ensures accuracy, compliance, and convenience, saving both time and effort. With affordable packages and expert handling, they make legal formalities simple and accessible for property owners and buyers.

Frequently Asked Questions

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