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A power of attorney lets someone in India act for you on a property while you are abroad. It is also one of the easiest documents to get wrong: too much power, the wrong authentication, the wrong stamp duty, or a registration step nobody checked. This guide separates three checks that readers often mix up: authentication abroad, Maharashtra stamping and registration. It also covers drafting limits and revocation. It does not recommend one route for every country, because the consular steps differ by place.
This is general information and not legal advice. Stamp duty clauses, registration rules and consular procedures change. Have an Indian advocate draft and review your document, and confirm the route with the office that will use it. This guide is independent and has not been reviewed by a lawyer.
From signing abroad to using it in Maharashtra
| Stage | What you do |
|---|---|
| Define the task | Management, letting, purchase, possession or sale. |
| Confirm acceptance | Ask your advocate and the receiving party, such as the bank, developer, society or Sub-Registrar, what they will accept. |
| Finalise the document | Identify the property, the powers, the limits and how long the authority lasts. |
| Execute abroad | Follow the authentication route for your country and passport type. |
| Send the original | Keep copies, courier tracking and proof of delivery. |
| Maharashtra formalities | Establish the duty under Article 48 and whether registration applies. Stamp within three months of first receipt in the state. |
| Use and monitor | Get copies of everything signed, receipts for payments and regular updates. |
| Close the authority | Record expiry or completion, or revoke it properly and tell everyone who holds the original. |
Decide what the power is for
| Purpose | What the document should cover |
|---|---|
| Looking after the property | Inspections, paying maintenance and property tax, dealing with the society and utilities, and repairs within a stated limit. |
| Letting the property | Finding a tenant, signing a rent agreement for a stated term and rent range, and handling the tenant’s deposit. See the rental property owner guide. |
| Buying or taking possession | Signing the agreement, making payments from a named account, and taking possession. See the NRI property buying guide. |
| Selling | The most sensitive power. Name the property exactly, set a minimum price or approval condition and say who receives the money. Read the NRI property-sale TDS guide before you agree the payment process. |
A limited document can cover related tasks. The aim is controlled authority, not necessarily a separate document for each task. A blanket power over everything gives the representative more authority than most owners intend.
What a power of attorney does not do
A power of attorney does not itself transfer ownership. In a property sale, the authorised representative has to execute the required registered conveyance on the owner’s behalf. The Supreme Court’s Suraj Lamp & Industries v State of Haryana judgment held that a general power of attorney sale does not transfer title to immovable property. See the agreement for sale, sale deed and conveyance guide.
What to put in the document
- The names, addresses and identity details of you and your representative, who should be a named adult you trust.
- The exact property: the building, flat number, survey or CTS number and, for a project, the RERA number.
- Only the powers you intend to give, written out one by one. Avoid wording that says “all acts”.
- A start date, an end date or a stated event, and a revocation clause.
- Whether the representative may receive money or only sign documents, which accounts they may use and a duty to report with receipts.
- Whether the power can be passed on to another person (substitution), and whether several representatives act jointly or separately.
- Exclusions you may want, such as gifts, mortgages, settlements and dealing with the property for the representative’s own benefit.
- Approval needed for any change in price or key terms, and what happens when the task is complete.
These are drafting decisions for you and your advocate, not mandatory wording for every document. Never sign blank pages.
Authentication, stamping and registration are separate checks
Section 33 of the Registration Act, 1908, as reproduced on Advocate Khoj, lists the powers of attorney recognised for the purposes of section 32, the section on who may present a document for registration. For a principal who does not reside in India, a recognised power is one executed before and authenticated by a Notary Public, a Court, a Judge, a Magistrate, an Indian Consul or Vice-Consul, or a representative of the Central Government. That is authentication. It does not settle whether Maharashtra stamp duty has been paid or whether the power itself must be registered, and it does not guarantee that a bank or developer will accept the document.
Signing abroad: the route depends on the country and the passport
India has been a member of the Hague Apostille Convention since 2005. The Ministry of External Affairs says documents apostilled by a member country need no further attestation or legalisation for use in India. An apostille deals with authentication only. It does not replace proper drafting, Maharashtra stamping or any registration requirement.
| Where you sign | What the official pages say | Checked |
|---|---|---|
| United States | The Embassy in Washington says Indian passport holders sign and notarise with witnesses, and OCI or PIO holders follow the same steps with a notarised copy of the card and no apostille. For foreign passport holders it says the Embassy attests only after apostille. Each US consulate has its own jurisdiction and page, so use the one for your state. The Consulate in San Francisco lists “apostilled or notarized” documents. | 24 Oct 2026 |
| United Arab Emirates | The UAE is not listed as a member of the Apostille Convention on the Hague Conference status table. The Indian Embassy in Abu Dhabi says it notarises powers of attorney executed by Indian citizens in the UAE, with personal appearance before the consular officer. The page does not cover non-Indian passport holders, so ask the Embassy or Consulate in Dubai for your case. | 24 Oct 2026 |
| Other countries | Check your own mission’s current page, including its jurisdiction, passport type, witness and appointment rules. Fees and appointment steps are not given here because they change. |
- If an Indian office asks for an extra attestation after the proper route, ask for the written basis and resolve it before you sign, not after.
- Courier the original, and keep a certified copy and a photograph of every page.
Maharashtra stamp duty under Article 48
Article 48 of Schedule I to the Maharashtra Stamp Act, 1958, in the text modified up to 1 June 2022 (see the published schedule and the IGR Act), charges a power of attorney by what it allows. A later amendment may exist, so confirm the current clause with the Sub-Registrar or your advocate.
| Kind of power | Duty under Article 48 |
|---|---|
| Procuring registration of documents in a single transaction, or admitting execution (clause a) | Rs 500 |
| Acting in a single transaction, or one person acting in more than one or generally (clauses c, d) | Rs 500 |
| More than one person acting (clause e) | Rs 500 |
| Given for consideration and authorising sale of immovable property (clause f) | Same duty as a conveyance, on the market value |
| Authorising sale or transfer of immovable property without consideration, given to a listed relative (father, mother, brother, sister, spouse, son, daughter, grandson, granddaughter, or the spouse’s parent or sibling) | Rs 500 |
| The same without consideration, given to anyone else | Conveyance duty on the market value |
| Given to a promoter or developer for construction, development or sale (clause g) | Conveyance duty on the market value, with a reduction in the case of duty already paid on the agreement |
| Any other case (clause h) | Rs 500 for each person authorised |
Rs 500 is not a universal price or an all-inclusive cost. Your document has to be classified under the right clause. Appointing a listed relative and appointing an unrelated representative to sell can therefore cost very different amounts. If duty was paid under the sale clause and a conveyance is later signed between the same parties, the conveyance duty is reduced by the power of attorney duty already paid. See the stamp duty and registration guide for the general costs.
The three month rule
- Under section 18 of the Act, an instrument executed only outside Maharashtra may be stamped within three months after it is first received in the state. Record the date and proof of arrival.
- Arrange classification and stamping promptly. This period is not the deadline for every registration step.
- Stamping is different from adjudication. Under section 31, a party can ask the Collector to say how much duty applies, for a fee. The duty is then paid on the Collector’s demand.
Registration
Ask three separate questions:
- Was the power properly executed and authenticated abroad?
- Is the power itself in a category that must be registered?
- What will be needed when the representative signs and presents the final document, such as a sale deed?
The 2010 Maharashtra amendment to section 17(1) of the Registration Act, which is published as Maharashtra Act X of 2012, adds a clause for an irrevocable power of attorney relating to the transfer of immovable property. That does not mean every management, possession or purchase power must be registered in the same way. The central Act’s section 17(1) is on courtbook.in. Ask your advocate which office, documents and presentation steps apply before you sign abroad.
Using and revoking the power
- Ordinary authority can generally be revoked, subject to the law and to acts already carried out. Under section 208 of the Indian Contract Act, a revocation does not take effect against the representative or third parties until it becomes known to them (see section 208).
- Get advice on the right revocation document and its formalities, then notify the representative, the bank, the society, the developer and any office that holds the original. Keep proof of delivery and recover the originals where you can.
- Revocation does not undo acts already completed under the power. Settle pending transactions in writing.
- Section 201 says an agency ends when the principal dies (section 201), but section 202 protects an agent who has an interest in the property that is the subject of the agency (section 202). The Supreme Court has said the two sections have to be read together (P. Seshareddy v State of Karnataka, reported). Calling a power “irrevocable” or paying the representative does not settle this by itself, so ask a lawyer.
Document control
- Keep a register of every power you have signed, with dates, names and what it covers.
- Ask the representative for copies of everything they sign and receipts for every payment.
- Use the property lawyer checklist to choose and brief an advocate. See the NRI home loan guide if a loan is involved.
- If you inherit a property while abroad, see the NRI inheritance guide.
Frequently Asked Questions
Can an NRI sign a power of attorney abroad for a Maharashtra property?
Yes. Under section 33 of the Registration Act, 1908, a power signed abroad is recognised for the purposes of section 32 if it is executed before and authenticated by a notary, a court, an Indian consul or another listed authority. The exact consular steps depend on your country and passport.
Is embassy attestation mandatory?
It depends on the country, the passport type and the receiving party. Check your mission’s current guidance and ask the receiving party in writing what it accepts.
How much stamp duty does a power of attorney cost in Maharashtra?
Article 48 charges Rs 500 in several clauses, including a sale power given without consideration to a listed relative. A sale power given for consideration, or to anyone else, is charged like a conveyance on the market value. Check the clause that fits your document.
Within what time must I stamp a power signed abroad?
Under section 18 of the Maharashtra Stamp Act, within three months after it is first received in Maharashtra.
Does a power of attorney transfer ownership?
No. In a property sale, the representative signs the required registered conveyance on the owner’s behalf.
Must the power itself be registered?
Not always. Maharashtra requires registration of an irrevocable power relating to the transfer of immovable property. Whether yours must be registered depends on its terms, so ask your advocate.
How do I cancel a power of attorney?
Get advice on the right revocation document and its formalities, then notify the representative and every institution that holds the original, and keep proof of delivery. Revocation does not undo acts already completed.
Does a power of attorney end when I die?
Ordinarily an agency ends on the principal’s death, but an agent with an interest in the property may be treated differently under section 202 of the Contract Act. Ask a lawyer.
Sources and review
| Point | Source |
|---|---|
| Article 48 duties (text up to 1 June 2022) | Published Maharashtra Stamp Act schedules and IGR Act text |
| Authentication under section 33 | Registration Act, 1908, section 33 |
| Maharashtra registration amendment | Maharashtra Act X of 2012 |
| Revocation and agency | Contract Act section 201, section 202 and section 208 |
| Apostille | Ministry of External Affairs and Hague Conference status table |
| Consular pages | Washington, San Francisco and Abu Dhabi |
Reviewed on 24 October 2026. Several consular pages could not be opened for this review, so the country table covers only the missions listed. Whether Article 48 was amended after June 2022, the date the Maharashtra registration clause came into force and your own country’s consular steps should be confirmed with an advocate. This guide has not been reviewed by a lawyer.
The featured image is an AI generated illustration made for this guide, and not a photograph.
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