Power of Attorney Form for India

GENERAL POWER OF ATTORNEY

DOCUMENT CONTROL DATA

• Document Identifier: POA-IND-GEN-2024-V4
• Effective Date: [Effective Date]
• Governing Jurisdiction: Republic of India
• Classification: Institutional Instrument of Agency
• Stamp Duty Reference: [Stamp Duty Certificate / E-Stamp Number]

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STATUTORY AND LEGAL COMPLIANCE NOTICE

IMPORTANT STATUTORY NOTICE: THIS POWER OF ATTORNEY IS CONSTITUTED UNDER AND SUBJECT TO THE POWERS OF ATTORNEY ACT, 1882, THE INDIAN CONTRACT ACT, 1872 (SECTIONS 182 THROUGH 238), THE INDIAN STAMP ACT, 1899 (OR RELEVANT STATE STAMP ENACTMENTS), AND THE REGISTRATION ACT, 1908.

PURSUANT TO THE FIRST SCHEDULE OF THE INFORMATION TECHNOLOGY ACT, 2000, A POWER OF ATTORNEY CANNOT BE EXECUTED VIA ELECTRONIC SIGNATURE FOR TRANSACTIONS INVOLVING IMMOVABLE PROPERTY OR AS OTHERWISE EXCLUDED BY LAW; ACCORDINGLY, PHYSICAL EXECUTION ON NON-JUDICIAL STAMP PAPER OF REQUISITE VALUE OR E-STAMPING WITH PHYSICAL SIGNING, NOTARIAL ATTESTATION, AND/OR REGISTRATION BEFORE THE SUB-REGISTRAR OF ASSURANCES IS MANDATORY.

IF EXECUTED OUTSIDE INDIA, THIS INSTRUMENT MUST BE APOSTILLED OR CONSULARIZED AT THE INDIAN EMBASSY/CONSULATE AND DULY ADJUDICATED/STAMPED UNDER SECTION 18 OF THE INDIAN STAMP ACT, 1899, WITHIN THREE (3) MONTHS OF FIRST RECEIPT IN INDIA.

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PARTIES AND RECITALS

This GENERAL POWER OF ATTORNEY (hereinafter referred to as the "Instrument" or "Power of Attorney") is executed at [City, State, India / City, Country] on this [Day] day of [Month], [Year] (the "Effective Date"), by:

THE PRINCIPAL: [Principal Full Legal Name], [Son / Daughter / Wife of [Father's / Spouse's Legal Name]], aged about [Age] years, residing at [Principal Residential / Registered Address], holding Indian Permanent Account Number (PAN) [Principal PAN] and Aadhaar / Passport Number [Principal Aadhaar / Passport Number] (hereinafter referred to as the "Principal", which expression shall, unless repugnant to the context or meaning thereof, include their legal heirs, executors, administrators, successors, and permitted assigns);

IN FAVOR OF THE ATTORNEY-IN-FACT: [Attorney Full Legal Name], [Son / Daughter / Wife of [Father's / Spouse's Legal Name]], aged about [Age] years, residing at [Attorney Residential Address], holding Indian Permanent Account Number (PAN) [Attorney PAN] and Aadhaar / Passport Number [Attorney Aadhaar / Passport Number] (hereinafter referred to as the "Attorney", which expression shall, unless repugnant to the context or meaning thereof, include their executors, administrators, and lawful representatives).

The Principal and the Attorney are collectively referred to as the "Parties" and individually as a "Party".

RECITALS

WHEREAS: A. The Principal is engaged in personal, commercial, financial, and proprietary interests within the territory of India, but by reason of [bona fide business commitments / professional occupation / foreign residence / health conditions / operational requirements], the Principal is unable to personally attend to, manage, supervise, execute, and conduct the day-to-day administration of their affairs, properties, accounts, litigation, and statutory compliances in India.

B. The Principal reposes absolute trust, faith, and confidence in the integrity, competence, and reliability of the Attorney and desires to appoint, constitute, and authorize the Attorney to act as their true and lawful agent and representative to manage, perform, transact, and execute all acts, deeds, matters, and things set forth herein, in the name, place, and stead of the Principal, and on their behalf.

C. The Attorney has expressly consented to accept such appointment and undertake the fiduciary duties and obligations associated with this delegation of power in compliance with applicable laws of the Republic of India.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Principal does hereby irrevocably (subject to Clause 8 herein) nominate, constitute, and appoint the Attorney as the true and lawful agent, attorney-in-fact, and representative of the Principal, granting full power and authority to act for, in the name of, and on behalf of the Principal in respect of the following operative provisions:

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OPERATIVE CLAUSES AND LEGAL TERMS

1. APPOINTMENT AND SCOPE OF ENGAGEMENT

1.1. Constitution of Agency: The Principal hereby constitutes, nominates, and appoints the Attorney as their lawful agent, investing the Attorney with full administrative, managerial, operational, legal, and financial authority to the extent explicitly set out in this Instrument. 1.2. Standard of Conduct: The Attorney covenants to exercise all authorities conferred herein with reasonable care, diligence, utmost good faith, and strictly in the fiduciary and financial interest of the Principal, avoiding any conflict of interest. 1.3. Territorial Operation: The powers herein granted may be exercised throughout the territorial boundaries of the Republic of India and before any international authority, institution, or entity where the Principal's Indian interests require representation.

2. IMMOVABLE PROPERTY MANAGEMENT AND DISPOSITION

The Principal authorizes the Attorney to perform the following acts regarding any and all immovable properties owned, leased, possessed, inherited, or hereafter acquired by the Principal in India (collectively, the "Properties"), including but not limited to the property detailed in Schedule A annexed hereto: 2.1. Management and Maintenance: To manage, inspect, supervise, preserve, repair, reconstruct, develop, improve, and secure the Properties; to employ contractors, caretakers, architects, and service providers; and to settle and pay all municipal taxes, water charges, electricity bills, maintenance charges, and cesses assessed against the Properties. 2.2. Leasing and Tenancy: To negotiate, grant, execute, renew, vary, or terminate leave and license agreements, lease deeds, tenancy agreements, and occupancy contracts with any third party; to demand, receive, collect, and issue valid receipts for all rents, deposits, license fees, and mesne profits; and to institute statutory procedures or legal actions for eviction, ejectment, or recovery of possession against unauthorized occupants, licensees, or defaulting tenants. 2.3. Sale, Conveyance, and Transfer: To negotiate the commercial terms, enter into agreements to sell, and execute absolute deeds of sale, conveyance, gift, exchange, partition, or release deeds in respect of the Properties or any part thereof; to accept earnest money, advance payments, and the full sale consideration on behalf of the Principal; to apply for, obtain, and submit necessary "No Objection Certificates" (NOCs), tax clearance certificates (including under Section 281 of the Income Tax Act, 1961), municipal permissions, and land-use conversions. 2.4. Encumbrance and Financing: To create mortgages, charges, hypothecations, or liens on the Properties in favor of scheduled commercial banks, non-banking financial companies (NBFCs), or housing finance institutions to secure financial facilities; to execute loan agreements, deposit title deeds, and sign memorandums of deposit of title deeds. 2.5. Registration Formalities: To present all deeds, agreements, indentures, releases, conveyances, and instruments before the concerned Sub-Registrar of Assurances, District Registrar, or competent registration authorities under the Registration Act, 1908; to admit execution thereof, pay stamp duties and registration fees, tender biometrics and photographs, receive back registered documents, and do all ancillary acts required to complete lawful registration.

3. BANKING, INVESTMENTS, AND FINANCIAL POWERS

The Attorney is authorized, on behalf of the Principal, to: 3.1. Bank Account Operations: Open, maintain, operate, modify, freeze, or close savings, current, term deposit, Non-Resident External (NRE), Non-Resident Ordinary (NRO), or Foreign Currency Non-Resident (FCNR) accounts in any scheduled commercial, cooperative, or nationalized bank; to draw, sign, accept, endorse, negotiate, and discharge cheques, drafts, bills of exchange, promissory notes, electronic funds transfers (NEFT, RTGS, IMPS), and other negotiable instruments. 3.2. Securities and Portfolio Operations: Manage, operate, purchase, redeem, switch, transfer, or liquidate mutual fund units, shares, stocks, debentures, sovereign gold bonds, treasury bills, and government securities; to operate Central Depository Services (India) Limited (CDSL) and National Securities Depository Limited (NSDL) dematerialized accounts; and to execute delivery instruction slips (DIS) and pledge orders. 3.3. Safe Deposit Lockers: Apply for, hire, operate, access, and relinquish safe deposit vaults and bank lockers, to deposit articles therein, and to withdraw, inspect, and remove all jewelry, documents, scrips, deeds, and securities preserved therein. 3.4. Borrowings and Guarantees: Solicit, negotiate, structure, and execute facilities for loans, overdrafts, credit lines, and guarantees; and to assign, hypothecate, or pledge securities or assets of the Principal to satisfy financial conditions imposed by lending institutions.

4. STATUTORY, TAXATION, AND REGULATORY COMPLIANCE

4.1. Tax Representation: Appear before the Income Tax Department, Central Board of Direct Taxes (CBDT), Goods and Services Tax (GST) Authorities, Central Board of Indirect Taxes and Customs (CBIC), Municipal Corporations, and revenue authorities; to prepare, verify, sign, and digitally/physically submit annual returns of income, GST returns, wealth statements, and appeals. 4.2. Refunds and Rectifications: Apply for, pursue, receive, and discharge tax refunds, credit adjustments, and interest payments; to file applications for rectification under Section 154 of the Income Tax Act, 1961, revision applications, and petitions for determination; to represent the Principal in assessments, scrutinies, reassessments, search/seizure matters, and appellate proceedings. 4.3. Statutory Registrations: Apply for, update, amend, renew, or surrender Permanent Account Numbers (PAN), Tax Deduction and Collection Account Numbers (TAN), GSTIN, Director Identification Numbers (DIN), Digital Signature Certificates (DSC), municipal trade licenses, and utility meters.

5. LEGAL PROCEEDINGS AND LITIGATION

5.1. Institution and Defense: Institute, commence, defend, oppose, prosecute, appeal, compound, compromise, or settle any civil, criminal, revenue, statutory, constitutional, labor, consumer, or insolvency proceedings, suits, plaints, written statements, appeals, cross-objections, revisions, reviews, writ petitions, and special leave petitions (SLPs) before any Sub-Court, District Court, High Court, Supreme Court of India, National Company Law Tribunal (NCLT), National Consumer Disputes Redressal Commission (NCDRC), Debt Recovery Tribunal (DRT), and other judicial or quasi-judicial forums. 5.2. Pleadings and Affidavits: Sign, verify, declare, affirm, and file plaints, written statements, counter-affidavits, writ petitions, caveats, interlocutory applications, execution petitions, and affidavits of evidence. 5.3. Engagement of Counsel: Retain, brief, discharge, and substitute advocates, Senior Advocates, solicitors, pleaders, tax consultants, and chartered accountants; to execute Vakalatnamas, letters of engagement, and memos of appearance; and to settle and disburse their professional fees, out-of-pocket costs, and retainers. 5.4. Execution and Satisfaction: Apply for execution of decrees, judgments, and orders; recover, receive, and issue valid discharges for any monition, attachment, recovery, award, or property decreed to the Principal; and to deposit, withdraw, or adjust monies in court registries.

6. CORPORATE AND BUSINESS OPERATIONS

6.1. Shareholding and Voting Rights: Attend, speak, debate, vote (in person or by proxy), and exercise all statutory, economic, and governance rights associated with any equity, preference, or partnership interest held by the Principal in private companies, public companies, limited liability partnerships (LLPs), and partnership firms. 6.2. Corporate Filings: Sign, verify, and deliver resolutions, consent letters, annual returns, statutory registers, and forms required by the Ministry of Corporate Affairs (MCA) through the MCA21 portal or any successor system. 6.3. Business Management: Supervise, execute, and conduct the day-to-day business operations of proprietary businesses or partnerships operated by the Principal, including entering into commercial contracts, issuing purchase orders, hiring personnel, terminating service agreements, and discharging operational liabilities.

7. COMPENSATION, OUT-OF-POCKET EXPENSES, AND ACCOUNTING

7.1. Reimbursement of Expenses: The Attorney shall be entitled to full reimbursement from the assets, bank accounts, or proceeds of the Principal for all bona fide, verifiable, and reasonable operational expenses, legal fees, statutory duties, court fees, and registration costs incurred directly in the execution of this Instrument. 7.2. Compensation: Unless set forth in a separate written agreement executed concurrently herewith, the Attorney shall act in an honorary capacity without entitlement to management fees or commission, except as specifically authorized by the Principal in writing. 7.3. True and Fair Accounts: The Attorney shall continuously maintain complete, accurate, and up-to-date accounts, books, receipts, vouchers, and transaction records of all monies received, disbursed, and property dealt with under this Instrument; and shall furnish written statements of account to the Principal on a [Monthly / Quarterly / Annual] basis or upon demand.

8. TERM, REVOCATION, AND TERMINATION

8.1. Term: This Power of Attorney shall take effect immediately upon execution by the Principal and shall remain in full force and effect until: (a) Terminated or revoked by the Principal via a written Deed of Revocation; (b) The demise, judicial insanity, liquidation, or civil death of either the Principal or the Attorney; or (c) The completion of the specific underlying transactions, if expressly stated. 8.2. Revocation Notice: The Principal reserves the right at any time to revoke, annul, alter, or restrict this Instrument by executing a written Deed of Revocation and serving written notice upon the Attorney, relevant Sub-Registrars, banks, and institutions. 8.3. Absence of Agency Coupled with Interest: The Principal and the Attorney expressly declare and acknowledge that this Power of Attorney is NOT coupled with an interest within the meaning of Section 202 of the Indian Contract Act, 1872; no proprietary, equitable, or pecuniary interest in the underlying assets has been transferred to the Attorney, and this instrument is strictly a revocable contract of agency.

9. RATIFICATION AND PRINCIPAL'S COVENANTS

9.1. Ratification: The Principal hereby covenants, declares, and agrees that all lawful acts, deeds, matters, covenants, and things done, executed, transacted, or ordered by the Attorney within the scope of the authority conferred by this Instrument shall be deemed to be the acts, deeds, and things of the Principal. The Principal undertakes to ratify, confirm, and validate all such acts as if they had been personally executed by the Principal. 9.2. Third-Party Protection: Any third party, financial institution, court, registrar, or statutory body dealing with the Attorney pursuant to this Instrument shall be entitled to rely implicitly upon the representations made by the Attorney and the validity and subsistence of this Instrument, without being bound to inquire into the application of any monies or the internal necessity or propriety of the act.

10. FIDUCIARY DUTIES, STANDARD OF CARE, AND RESTRICTIONS

10.1. Prohibited Conduct: The Attorney shall NOT: (a) Execute gifts or gratuitous transfers of the Principal's Properties to themselves or their immediate family members without express written consent; (b) Self-deal, purchase property of the Principal beneath prevailing fair market valuations, or appropriate corporate opportunities of the Principal; (c) Delegate the essential discretionary powers granted herein to any sub-agent or substitute attorney, except for ministerial, clerical, or legal advocacy tasks (such as engaging advocates under a Vakalatnama). 10.2. Standard of Care: The Attorney shall conduct the business of the agency with the skill and diligence generally possessed by prudent persons of ordinary prudence engaged in similar transactions, conforming strictly to Section 211 and Section 212 of the Indian Contract Act, 1872.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

11.1. Principal Indemnity: The Principal undertakes to defend, indemnify, and hold harmless the Attorney from and against all claims, demands, damages, losses, actions, liabilities, costs, and expenses (including reasonable attorney fees) incurred or sustained by the Attorney arising out of or in connection with the lawful and bona fide exercise of the powers conferred by this Instrument. 11.2. Attorney Liability: The Attorney shall be held strictly liable and accountable to the Principal for any direct loss, damage, waste, or dissipation of the Principal's assets arising from the Attorney's willful misconduct, gross negligence, bad faith, fraud, misappropriation, or acts executed outside the explicit scope of this Instrument.

12. DISPUTE RESOLUTION AND ARBITRATION

12.1. Arbitration: Any dispute, difference, controversy, or claim arising out of or relating to this Instrument, including its construction, validity, interpretation, performance, breach, or revocation, shall be referred to and finally resolved by binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (and any statutory modifications thereof). 12.2. Tribunal Composition and Seat: The arbitration shall be conducted by a Sole Arbitrator mutually appointed by the Parties. If the Parties fail to agree upon a Sole Arbitrator within thirty (30) days of the invocation notice, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [City, State, India]. The proceedings shall be conducted in the English language.

13. GOVERNING LAW AND JURISDICTION

13.1. Governing Law: This Instrument and the relations between the Principal, the Attorney, and all relying third parties shall be construed, interpreted, and governed exclusively by the substantive and procedural laws of the Republic of India. 13.2. Jurisdiction: Subject to the Arbitration clause herein, the competent Civil Courts situated at [City, State, India] shall have exclusive jurisdiction over all legal proceedings arising out of or related to this Power of Attorney.

14. MISCELLANEOUS PROVISIONS

14.1. Severability: If any provision of this Instrument is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of any other provision, and this Instrument shall be construed as if such invalid provision had never been inserted. 14.2. Entire Instrument: This Instrument constitutes the entire authorization of general power of attorney granted by the Principal to the Attorney concerning the subject matter herein and supersedes all prior unwritten or informal delegations of authority related hereto. 14.3. Notices: Any notice, demand, communication, or revocation under this Instrument shall be in writing and delivered personally, sent by registered post with acknowledgment due (RPAD), by speed post, or via confirmed electronic transmission to the addresses set forth in the preamble, or to such other address as either Party may designate in writing.

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SCHEDULE A: SCHEDULE OF SPECIFIED IMMOVABLE PROPERTIES

(If applicable; otherwise state "All Properties owned or acquired by Principal across India")

• Property Description: [All that piece and parcel of residential / commercial plot / flat / agricultural land bearing Municipal No. / Survey No. / Khasra No. / CTS No. [Property Identification Number]]
• Location/Address: [Detailed Physical Address of the Property, Street, Ward, Village/Taluk, District, State, PIN Code]
• Measurement / Built-up Area: [Area in Sq. Yards / Sq. Meters / Sq. Feet]
• Boundaries:
  • North by: [Adjoining Boundary / Road / Plot Number]
  • South by: [Adjoining Boundary / Road / Plot Number]
  • East by: [Adjoining Boundary / Road / Plot Number]
  • West by: [Adjoining Boundary / Road / Plot Number]

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EXECUTION AND FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has voluntarily, knowingly, and under no coercion, fraud, misrepresentation, or undue influence, executed, signed, and delivered this Power of Attorney on the day, month, and year first above written.

FOR [PARTY A / PRINCIPAL]:

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Title: Principal
Company: [Company Legal Name, if Corporate Principal, else N/A]
Date: [Date]

ACCEPTANCE OF AGENCY BY THE ATTORNEY-IN-FACT:
I, the undersigned Attorney-in-Fact, hereby accept the appointment and powers conferred upon me by the Principal under this Instrument, and agree to act strictly in accordance with the terms, covenants, conditions, and fiduciary obligations set forth herein.

FOR [PARTY B / ATTORNEY-IN-FACT]:

Signature: _____________________________________
Printed Name: [Attorney Full Legal Name]
Title: Attorney-in-Fact
Date: [Date]

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WITNESS ATTESTATION CLAUSE

Signed, sealed, and delivered by the within-named Principal and Attorney in the presence of the following independent witnesses, who in the presence of the Principal and Attorney, and in the presence of each other, have subscribed their names as attesting witnesses:

FIRST WITNESS:
Signature: _____________________________________
Full Name: [Witness 1 Legal Name]
Father's / Spouse's Name: [Father's / Spouse's Name]
Residential Address: [Residential Address]
Aadhaar / Passport / ID Number: [Witness 1 ID Number]
Date: [Date]

SECOND WITNESS:
Signature: _____________________________________
Full Name: [Witness 2 Legal Name]
Father's / Spouse's Name: [Father's / Spouse's Name]
Residential Address: [Residential Address]
Aadhaar / Passport / ID Number: [Witness 2 ID Number]
Date: [Date]

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NOTARIAL ATTESTATION CERTIFICATE

(To be completed by a qualified Notary Public under the Notaries Act, 1952, or an Indian Consular Official if executed abroad)

STATE OF [STATE NAME]
DISTRICT OF [DISTRICT NAME]

On this [Day] day of [Month], [Year], before me, the undersigned Notary Public, personally appeared [Principal Full Legal Name] and [Attorney Full Legal Name], who proved to me through satisfactory evidence of identity (consisting of Indian PAN Card No. [Principal PAN] and Indian Aadhaar Card No. [Principal Aadhaar Number]) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same freely and voluntarily for the purposes therein expressed.

Witness my hand and official notarial seal:

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NOTARY PUBLIC (REPUBLIC OF INDIA)
Commission Expiry Date: [Date]
Registration / License Number: [Notary Registration Number]
Area of Practice: [Jurisdiction / City / State]
(Affix Notarial Stamp and Serial Register Entry Number)

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STEP-BY-STEP EXECUTION AND FILING GUIDE

STEP 1: PREPARATION AND CUSTOMIZATION

1. Document Customization: Open the instrument in Microsoft Word or Google Docs. Replace every instance of bracketed placeholder text (e.g., [Principal Full Legal Name], [Attorney Full Legal Name], [Principal PAN], etc.) with verifiable factual data. Do not leave any brackets, underscores, or incomplete fields.
2. Authority Verification: If the Principal is an Indian corporate body (Pvt. Ltd. / Ltd.), attach a certified true copy of the Board Resolution passed under Section 179 of the Companies Act, 2013, authorizing the execution of this Power of Attorney and specifying the authorized signatory.

STEP 2: STAMP DUTY COMPLIANCE

1. State-Specific Stamp Duty: Stamp duty on a General Power of Attorney is governed by the state where it is executed and/or where the property is situated:
   • General Powers (without property sale authorization): Typically executed on non-judicial stamp paper or e-stamp certificates ranging from INR 100 to INR 1,000 (subject to state amendments).
   • Powers with Authority to Sell Immovable Property:
     • In favor of a close relative (blood relation: father, mother, spouse, child, sibling): Reduced or nominal flat stamp duty depending on the State Stamp Act (e.g., Maharashtra, Karnataka, Delhi).
     • In favor of a third party (non-relative/commercial agent): Stamp duty is assessed at the same rate as a Conveyance Deed (ranging from 3% to 7% of the market value of the property under Section 17 of the Indian Stamp Act, 1899, or local state schedules).
2. Procurement: Procure physical non-judicial stamp paper from an authorized stamp vendor, or generate an e-Stamp certificate via the Stock Holding Corporation of India Limited (SHCIL) or state treasury portal. The text must be printed directly onto the stamp paper or securely attached to the e-Stamp certificate.

STEP 3: EXECUTION OUTSIDE INDIA (FOR NRIs / FOREIGN NATIONALS)

1. Overseas Signing: If the Principal signs outside India, the document must be signed before an Indian Consular Official at the Indian Embassy/High Commission/Consulate, or notarized by a foreign Notary Public and apostilled under the Hague Apostille Convention, 1961.
2. Adjudication under Section 18: Within three (3) months of the document arriving in India, the original PoA must be presented to the Office of the Collector of Stamps / District Registrar for adjudication and stamping under Section 18 of the Indian Stamp Act, 1899. Failure to do so renders the document inadmissible in evidence and unenforceable before authorities.

STEP 4: PHYSICAL EXECUTION AND NOTARIZATION

1. Signatures and Thumbprints: The Principal must sign or initial all pages of the document at the bottom, and sign the full signature block in physical black or blue ink before two independent adult witnesses. Left-thumb impressions (LTI) are customary and legally standard for property-related powers.
2. Witness Attestation: Two independent witnesses, possessing sound mind and full legal age, must sign and append their complete residential details and ID numbers.
3. Notarization: Present the document to a commissioned Notary Public under the Notaries Act, 1952. The Notary will verify physical IDs, record the entry in the Notarial Register, affix the notarial seal, sign, and stamp the instrument.

STEP 5: REGISTRATION BEFORE THE SUB-REGISTRAR (MANDATORY CASES)

1. Compulsory Registration: Under Section 17(1)(f) and Section 17(1)(g) of the Registration Act, 1908 (as enacted in various States) and related judicial mandates, a Power of Attorney conferring authority to sell, transfer, mortgage, or lease immovable property must be registered.
2. Appearance: The Principal (or an authorized agent recognized under Section 32/33) and the Attorney must personally appear before the Sub-Registrar of Assurances in whose sub-district the property or a portion of it is situated.
3. Biometrics and Verification: Submit original documents, photographs, Aadhaar/PAN cards, proof of stamp duty payment, and complete biometric verification (fingerprint and webcam facial capture).
4. Registration Number: Once admitted, the Sub-Registrar will endorse the volume, page, and registration number, returning the registered instrument.

STEP 6: DIGITAL EXECUTION RESTRICTIONS

• Statutory Exclusion: The Information Technology Act, 2000, under its First Schedule, expressly excludes a Power of Attorney from the scope of electronic signatures (such as standard DocuSign, Adobe Sign, or Aadhaar-eSign), particularly where real estate or conveyancing is involved.
• Corporate MCA Filings: While digital signature certificates (DSC Class III) are used on MCA-21 web-forms, the underlying primary instrument of delegation must be physically executed, stamped, and attached as a PDF scan.

STEP 7: RECORD RETENTION AND CUSTODY

1. Original Custody: The original registered/notarized instrument must remain in the physical custody of the Attorney during operations, and returned to the Principal upon revocation or termination of the agency.
2. Institutional Presentations: When opening bank accounts or executing deeds, present the original instrument to the bank/Sub-Registrar alongside a self-attested true copy; ensure institutions merely inspect the original and do not retain it permanently.
3. Revocation Records: Retain certified copies of the PoA alongside proof of delivery of any future Deed of Revocation and public newspaper notices.