A power of attorney in India is a legal document, drawn up and notarized as per the local laws, that is essentially used to transfer power(s) and duties from one party to another. It can be used for various purposes, both by natural and legal persons, as summarized in this article by our lawyers in India.
Table of Contents
The use of a power of attorney in India
A power of attorney (POA) is a document used when one party, called the grantor, entrusts another party, called the agent, to handle one or more matters on their behalf.
The applications of a power of attorney in India are diverse, and this legal instrument can be used for corporate or business matters (when the investor cannot be present in India, for example), as well as for personal matters or varying degrees and importance, as summarized below by our attorneys in India.
Types of power of attorney
There are two types that can be drawn up and used to suit the needs of the individual: the general and the limited power of attorney in India.
Below, our team lists some of the common uses of the general power of attorney in India:
- Represent another party in a legal matter. In this case, the POA will specify particulars as can be detailed by our Indian lawyers;
- Buy or sell property for the grantor. This means that the assigned person will handle all the aspects of real estate transactions on behalf of the grantor.
- Handle banking matters, such as the submissions required to open a bank account in India;
- Handle all of the document submissions required to open a company in India. These include but are not limited to the ones made to the Indian Registrar of Companies.
By contrast, the limited power of attorney is used to handle one specific matter, such as a one-time property sale or purchase, or making a single submission with the authorities when the grantor cannot be present in the country.
Another classification method for a power of attorney in India is according to its duration: it can be limited in time or durable. The limited one is, as the name suggests, concluded for a pre-determined period, however, the durable one offers long-lasting powers to the appointed party.
The durable power of attorney in India can be used to assist an individual who will soon become incapacitated and for whom important, long-term healthcare decisions will have to be made by another party.
The power of attorney, in any of its forms, can be used by Indian nationals and by those who choose to immigrate to India.
How do draw up a power of attorney in India
The power of attorney is a document, signed in person by all involved parties and a witness, and notarized. For some of these documents, such as those that will involve property sale and purchase in the county, submission to a registrar is also commonly required.
The key information included in an Indian power of attorney includes:
- The identification details for the grantor and the agent;
- The scope of the document (its type, uses, powers that are being granted);
- The duration of the power of attorney, as applicable;
- Information on the conditions for its revocation, if this is decided by the grantor.
Specific POA in India: buying a property
Are you planning on using a power of attorney to buy property in India? As foreign nationals are becoming more interested in buying different types of real estate in Indian cities, we highlight some trends for informative purposes only:
- The real estate sector has been growing in 2025;
- The real estate market was valued at $482 billion in 2024;
- Residential sales and commercial leasing both grew significantly: the former increased by almost 77% between 2019 and 2015.
A power of attorney can be useful both for residential sale and purchase and for commercial leasing.
Contact our Indian law firm for complete information about the uses of a power of attorney in your case and for dedicated assistance when drawing up this legal instrument.