Deeds

General Power of Attorney

A General Power of Attorney (GPA) is a deed by which a principal authorises an agent to manage, control, and supervise their property and affairs. It grants broad administrative powers, allowing the agent to act in the principal's name for the matters specified in the deed.

This document is governed by the Powers-of-Attorney Act, 1882. A GPA that does not authorise the sale or mortgage of immovable property may be notarised, while one that confers such alienation powers must be compulsorily registered under the Registration Act, 1908.

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Governing law
Powers-of-Attorney Act 1882 (ss.1A, 2) + Registration Act 1908 (s.18) + Indian Stamp Act 1899
Sections
s. 1As. 2

When this is the right filing

  • When a principal needs an agent to take over the day-to-day management and supervision of their property.
  • When the principal will be absent and requires someone to handle their routine affairs and legal compliances.
  • When the principal wants to delegate administrative control without immediately transferring ownership of the property.
  • Do not use this document if the sole objective is to transfer title to immovable property; a registered conveyance or sale deed is required for that purpose.

What the court looks for

  • Proof that the deed is executed on non-judicial stamp paper of the correct value as per the applicable State stamp schedule.
  • Evidence of compulsory registration if the GPA authorises the sale, mortgage, or any dealing with immovable property.
  • Attestation by at least two witnesses, and for a registrable GPA, proof of the principal's appearance before the Sub-Registrar.
  • A clear description of the property or affairs covered, typically in a schedule, to define the scope of the agent's authority.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Recitals
  2. 2Operative part
  3. 3Schedule of property / affairs
  4. 4Testimonium & execution
  5. 5Witnesses
How it opens
WHEREAS the Principal is the lawful owner of / is entitled to and interested in the [movable and or immovable] properties and affairs more particularly described in the SCHEDULE hereunder written (hereinafter collectively referred to as the "SAID PROPERTY / AFFAIRS").

Bracketed items are filled from your case.

Frequently asked questions

Is registration of a General Power of Attorney always compulsory?

Registration is compulsory under the Registration Act, 1908 only if the GPA authorises the agent to sell, mortgage, or otherwise deal with immovable property. If the GPA is for general administrative or management purposes without such alienation powers, notarisation is sufficient.

What is the legal effect of a GPA on the title to immovable property?

A General Power of Attorney does not, by itself, convey or transfer title to immovable property. The transfer of title can only be effected by a duly registered conveyance deed or sale deed.

What are the requirements for a GPA executed by a principal who is abroad?

A GPA executed abroad must be notarised or apostilled before the Indian Consulate or a local Notary. Upon receipt in India, it must be adjudicated for stamp duty and stamped within three months as per the applicable State laws.

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