Should I give a general or special power of attorney?

Special, drawn as narrowly as the task allows, unless there is a compelling reason otherwise. A general power over property lets the holder do things you never contemplated.

How do I execute a power of attorney from abroad?

Generally either before an Indian consular officer at an Indian mission, or before a local notary followed by apostille where applicable. It then normally requires stamping in India and, depending on its nature, registration. Confirm the specific requirements before executing.

Can I cancel a power of attorney?

Generally yes, but revocation must be done properly and communicated to the attorney and to anyone who might rely on it. Building an expiry date into the original document is a simpler protection.

NRI

Power of attorney from abroad: useful, and worth drafting narrowly

Q: Do I need a power of attorney to buy property in India as an NRI?

Not necessarily, but you will need one if you cannot be present for registration, handover or dealings with a bank. Where you can attend yourself, you avoid the question entirely.

6 min read · Last verified 2026-08-26

In short

A power of attorney authorises someone in India to act on your behalf. Executed from abroad it generally requires attestation at an Indian mission or apostille depending on the country, followed by stamping and often registration in India. The critical drafting decision is scope: a special power of attorney limited to a defined task is far safer than a general one.

Key facts

Purpose: Authorises someone to act for you in India
Special POA: Limited to defined acts — strongly preferable
General POA: Broad authority — carries substantial risk
Execution abroad: Attestation at an Indian mission, or apostille
In India: Stamping, and registration where required
Revocation: Possible, but must be done properly and communicated

If you cannot be in India for registration, handover or dealings with a bank, someone has to be able to act for you. A power of attorney is how that happens.

It is also a document that hands another person authority over your property, and the difference between a well-drafted one and a careless one is the difference between a convenience and a serious exposure.

Special versus general — the decision that matters

A special power of attorney authorises specific acts: to present a particular agreement for registration, to take possession of a particular flat, to deal with a particular bank account. When the task is done, the authority is spent.

A general power of attorney confers broad authority to deal with property. It is convenient, and it means the holder can do things you did not contemplate — including, depending on drafting, dispose of the property.

Unless there is a compelling reason otherwise, use a special power of attorney drawn as narrowly as the task allows.

Name the specific property.
List the specific acts authorised, exhaustively.
Exclude the power to sell or mortgage unless that is genuinely the intention.
Include an expiry date.
Name one attorney rather than a class of people.

Executing it from abroad

The mechanics depend on where you are. In broad terms there are two routes: execution before an Indian consular officer at an Indian mission, or execution before a local notary followed by apostille where the country is party to the relevant convention.

Once it reaches India the document normally needs to be stamped, and depending on its nature and the transaction, registered. Requirements vary, so confirm the specific position for your country and your intended use before executing — a document prepared the wrong way has to be redone from abroad, which is slow.

Choosing the attorney

This is a decision about trust, and the fact that it is usually a family member does not change what is being handed over.

The narrower the document, the less this decision has to bear. A special power of attorney limited to presenting a specific agreement for registration is a modest thing to grant. A general power over property is not.

Prefer someone who will actually be available when needed.
Consider whether a professional adviser is more appropriate than a relative for some tasks.
Do not grant broad authority to avoid the inconvenience of granting narrow authority twice.
Keep certified copies and know where the original is.

Revocation

A power of attorney can generally be revoked, but revocation is only effective if it is done properly and communicated — to the attorney, and to anyone who might rely on the document such as a bank, a registrar or a developer.

An expiry date built into the original document avoids much of this. It is the simplest protection available and it costs nothing.

What a POA does not solve

It lets someone act for you. It does not mean the underlying due diligence has been done.

An attorney presenting an agreement for registration is not verifying title on your behalf unless you separately instructed a lawyer to do that. Keep the two functions distinct, and do not let convenience at the execution stage substitute for verification at the decision stage.