Free draft · no account needed
Create a Power of Attorney — Sale & Registration
What this document does
A special power of attorney authorising someone to sell a named property on the owner's behalf and to execute and register the conveyance. It does not itself transfer anything — the registered sale deed does that. This instrument must itself be registered, because the act it authorises is compulsorily registrable, and notarisation is not a substitute.
The attorney
Your answers stay in this browser tab until you continue. Free to draft — you only pay when you send it.
Draft · not yet executed
Power of Attorney — Sale & Registration
0/4 answered
What else is in it — 8 clauses, 1 optional
- 01
Who grants the authority, and to whom
The head of the deed: the place and date, the grantor, and the person being authorised. The attorney is named here rather than being taken from the party picker — a power of attorney is executed by the grantor alone, and a person who signs nothing is not a party to it.
- 02
The attorney
Who is being authorised, identified well enough that a bank, a society or a government office can be satisfied it is them. Their specimen signature is recorded here because that is what counterparties ask for — it is not a signature Dharaa collects, and the attorney does not execute this deed.
- 03
The property
What the authority relates to, described well enough to be identified from the deed alone. A power of attorney over an unidentified property is one nobody will act on.
- 04
What the attorney may do
The powers granted, chosen by the grantor. Each is a separate thing the attorney may do in the grantor's name, and only what is selected is granted — a power of attorney is read strictly against the person relying on it.
- 05
What the attorney may not do
Who the buyer may not be, and what this deed does not itself do. The self-dealing exclusion is the important one: an attorney authorised to sell who sells to themselves, their spouse or a company they control is the commonest abuse of this instrument, and the one a grantor abroad is least placed to notice. Mandatory and fixed.
- 06
No power to gift, mortgage or lease
A covenant lifted out of `powers-excluded`, where it was an unnumbered paragraph. The spine numbers clauses, so a covenant that shares a clause with another has no number of its own.
- 07
This deed transfers nothing by itself
A covenant lifted out of `powers-excluded`, where it was an unnumbered paragraph. The spine numbers clauses, so a covenant that shares a clause with another has no number of its own.
- 08
How long it lasts, and how it ends
When the authority begins, when it ends, and that the grantor may revoke it. Every power of attorney needs this: one that says nothing about its own end is one nobody can be sure has ended.
After it is drafted
Get the stamp paper
Buy non-judicial stamp paper of the value your state prescribes, and print the document on it.
Sign it before a notary, with your witnesses watching
One occasion, not two. Take the printed deed and your identity document to a notary or other authorised officer, and sign it in their presence — a signature applied beforehand is not what the attestation records. Your two witnesses must watch you sign and then sign the deed themselves, at the same time. The officer completes the attestation block at the end of the deed.
Get it apostilled, or attested at an Indian mission
Where the country you are signing in is party to the Hague Apostille Convention, an apostille is accepted in India without further legalisation. Where it is not, execute the deed before an Indian Embassy or Consulate and have it attested there.
Deal with it within three months of it reaching India
An instrument executed outside India has three months from the date it first arrives here to be dealt with under the Stamp Act. Miss that window and it is inadmissible in evidence, and a sub-registrar will not act on it. Where the duty payable is not obvious, the Collector can adjudicate the instrument and certify it.
Register it at the sub-registrar's office
A power of attorney authorising an act that is itself compulsorily registrable must be registered, in the district where the property is situated. Notarisation is not a substitute. You have to attend in person, or execute it before an Indian mission abroad and have the attorney present it.
Send the executed deed to your attorney
The attorney needs the original to act on it. The sub-registrar will want to see the registered power when the conveyance is presented, and the buyer's advocate will want a copy for their title records.