Power of Attorney for Property Matters in Mumbai: A Simple Guide

A Power of Attorney (POA) is a legal paper that lets you give someone else the right to act for you.

For example, if you live abroad or are too busy to visit Mumbai, you can give someone permission to sell, buy, or manage your property on your behalf. The person you choose is called your Attorney or Agent, and you are the Principal.

It’s like giving someone a “legal permission slip” to handle your work when you can’t do it yourself. But always take help from a power of attorney lawyer before you sign anything.

Types of Power of Attorney in Property Matters

There are mainly two kinds of POA used for property in India:

1. General Power of Attorney (GPA) – This gives your Agent wide powers to do many things like sell, rent, or manage your property.
2. Special Power of Attorney (SPA) – This allows your Agent to do only one specific task, such as registering a property or representing you in court.

A poa lawyer can help you decide which type fits your need.

Power of Attorney vs Property Ownership

Here’s the most important rule: A POA does not make anyone the owner of your property.

It only allows them to act for you.

For example, you can let your friend drive your car, but that doesn’t make them the owner of the car. The same rule applies to property.

Only a Sale Deed, registered in your name, gives you full ownership rights.

A power of attorney lawyer makes sure you understand this difference before signing any paper.

Registration Rules for POA in India

If your POA is related to property (like a flat or land), you must get it registered at the sub-registrar’s office.

This is required by Section 17 of the Registration Act, 1908 and the Indian Stamp Act, 1899.

A good solicitor for power of attorney or lawyer for power of attorney near me will help you complete this process safely and legally.

New Rules Under BNS 2023: Protection from Fraud

The Bharatiya Nyaya Sanhita (BNS 2023) has made laws stricter to stop POA misuse.

• Section 318 (BNS 2023): Punishes cheating or misuse of property rights using POA.
• Section 323 (BNS 2023): Punishes those who hide, fake, or change property documents.

If someone uses your POA wrongly, a poa lawyer near me can help you take quick legal action.

Supreme Court Judgment: POA Is Not Ownership

The Supreme Court of India, in the case Suraj Lamp & Industries Pvt. Ltd. vs State of Haryana (2012), made a clear rule:

“A Power of Attorney cannot transfer property ownership.”

This means even if someone has a General Power of Attorney (GPA), they cannot become the owner.
Only a registered Sale Deed gives real ownership rights.

That’s why experienced attorneys for wills and POA always prepare both documents separately.

How to Find and Work with a Power of Attorney Lawyer

When you look for a power of attorney lawyer near me, follow these tips:

1. Choose the Right Expert
   • Pick poa solicitors who handle property and registration.
   • For health or family planning, choose a lawyer for living will and power of attorney.
   • For care or custody, find an attorney for guardianship.
2. Understand the Costs
   • Ask about power of attorney lawyer cost, including drafting, stamp duty, and registration fees.
   • Good lawyers give you a full cost breakdown.
3. Stay Safe with Your Property
   • Your poa lawyer should always verify the property documents.
   • Use a Special POA for one task instead of giving broad powers.
   • Avoid using a General POA unless absolutely needed.

Steps to Make a Power of Attorney

1. Drafting: A poa lawyer writes your POA with all rights clearly mentioned.
2. Stamp Duty: You pay stamp duty under the Indian Stamp Act, 1899.
3. Registration: The sub-registrar’s office officially registers your POA.
4. Verification: The lawyer checks property details before submission.

If you are an NRI, get your POA signed and attested at the Indian Embassy or Consulate. Once it reaches India, it must be registered within 90 days (Ministry of Home Affairs, 2024 update).

Quick FAQs on Power of Attorney

1. What is a Power of Attorney (POA)?

A Power of Attorney is a legal paper that allows someone you trust to act for you in property or financial matters.

2. Who can I appoint as my Attorney?

You can choose any trusted adult like a family member, friend, or lawyer to act on your behalf.

3. Is a Power of Attorney the same as property ownership?

No. A POA only gives permission to manage or sign documents. Ownership comes only with a registered Sale Deed.

4. What are the main types of Power of Attorney?

• General PoA (GPA): Gives wide powers for many tasks.
• Special PoA (SPA): Gives power for one specific task.

5. Do I need to register my Power of Attorney?

Yes, if it involves property like land or a flat. Registration at the sub-registrar’s office makes it legally valid.

6. What is the cost of making a Power of Attorney?

The cost includes the lawyer’s drafting fee, stamp duty, and registration charges.

7. Can someone misuse my Power of Attorney?

If your Agent uses the POA wrongly, it’s a serious offence under BNS 2023 (Sections 318 and 323). You can take legal action with help from a poa lawyer.

Practical Tips to Protect Yourself

• Always register your Power of Attorney.
• Avoid giving full control unless absolutely required.
• Keep both digital and paper copies safe.
• If misuse happens, file a complaint under BNS Sections 318 or 323.

Outlook: The Future of Power of Attorney in India

With more NRIs investing in India, PoA will stay an important legal tool.

New BNS 2023 laws and online systems make the process safer and faster. Working with a power of attorney lawyer ensures your property and rights are always protected.

LawCrust Legal Consulting: Your Trusted Legal Partner

LawCrust Legal Consulting, a part of LawCrust Global Consulting Ltd., is one of India’s top legal firms.
We help with:

• Drafting and registering Power of Attorney documents
• Preparing living wills and advance directives
• Property verification and title checks
• Estate planning and guardianship assistance

With 50+ offices across India and 70+ expert lawyers, we offer full legal support to individuals, families, and NRIs.

LawCrust Groups is a conglomerate of companies, including LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, LawCrust Technology, LawCrust Foundation, and LawCrust Consumer Products.

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