A power of attorney (POA) is a document in which you, the principal, allow another person, the attorney or agent, to act for you. In Bengaluru it is used most for property: selling a site while you live abroad, registering a flat, collecting rent, or dealing with the city corporation or a bank when you cannot be there.
There are two broad kinds. A General Power of Attorney (GPA) gives wide powers over many matters. A Special Power of Attorney (SPA) is limited to one task or one property. Which one you need, what stamp duty you pay, and whether it must be registered all depend on what the document allows the attorney to do.
GPA and SPA: the difference in practice
| General Power of Attorney (GPA) | Special Power of Attorney (SPA) | |
|---|---|---|
| Scope | Many acts, often over all your affairs or properties | One task, or a named property |
| Typical use | A parent abroad letting a sibling manage everything here | Registering one sale deed, appearing in one case, signing one loan document |
| Risk | Higher, because the attorney can do a great deal | Lower, because the powers are narrow |
| Ends | When revoked, when the task ends, or on your death | When the task is done, when revoked, or on your death |
Our advice is to give the narrowest power that does the job. If your brother only needs to sign the sale deed for one site in Kengeri, an SPA for that site, naming the buyer or the price range if you can, is safer than a GPA over everything you own.
What a POA cannot do
A POA does not transfer ownership. It only lets the attorney act for you.
For years, properties in Bengaluru were “sold” by handing over a GPA, an agreement and a will, with no registered sale deed. The Supreme Court, in Suraj Lamp and Industries v. State of Haryana (2011), held that such GPA sales do not transfer title. A buyer gets ownership only through a registered sale deed. The attorney can sign and register that sale deed on your behalf, if the POA clearly gives that power.
A POA also ends when the principal dies. If the owner has died, the attorney cannot sell, and any sale after death can be challenged by the legal heirs. See our apartment document checklist.
Stamp duty on a POA in Karnataka
Stamp duty is set by Article 41 of the Schedule to the Karnataka Stamp Act, 1957. Rates were revised by the Karnataka Stamp (Amendment) Act, 2023, notified on 3 February 2024.
| Type of POA | Stamp duty (current) |
|---|---|
| Most POAs that do not authorise sale of property (managing property, banking, appearing before offices) | ₹500 (earlier ₹100) |
| POA authorising sale of immovable property, given to someone other than close family | 5% of the market value of the property, the same as a sale |
| POA authorising sale, given to close family (such as father, mother, spouse, son, daughter, brother, sister) without consideration | A much lower fixed duty |
Because of this difference, a POA to a relative costs far less in duty than one to a friend or a buyer. A POA to a buyer that lets him sell the property to himself is treated, for stamp duty, like a sale. Confirm the exact current figure for your document on the e-stamp system or at the sub-registrar office before you print it, since rates in the Schedule change from time to time.
A POA linked to a Joint Development Agreement with a builder is charged separately. Its registration fee went up from 1% to 2% when Karnataka raised registration fees on 31 August 2025.
Registration: the 2025 change
The Registration (Karnataka Amendment) Act, 2025 (Karnataka Act 42 of 2025) added a new clause to Section 17 of the Registration Act. In short:
- A POA that authorises the attorney to transfer immovable property, with or without payment, must be registered where the principal lives in India.
- When the attorney uses the POA to register a document, the original POA has to be produced, along with proof that the principal is alive, in the form the rules prescribe.
- A POA only for management, rent collection or appearing before offices is not caught by the compulsory rule, though you can still register it.
Registration is done at the sub-registrar office through the Kaveri online system, with both sides’ identity documents and photographs taken at the office. If you are buying property from an attorney, ask to see the registered POA and the proof of life. Do not accept a photocopy.
If you live abroad: POA for NRI property
Most NRI owners do not need to fly down to sell or manage property in Bengaluru. The usual steps are:
- Draft the POA here. Have it drafted by a lawyer in Bengaluru, so it describes the property exactly as in the title deed (survey number, site number, khata number, boundaries) and lists only the powers you want to give.
- Sign it abroad before the right authority. For a principal outside India, the POA is executed before and authenticated by a notary public, a court or magistrate, or an Indian consul or vice-consul in the country where you live. Many NRIs sign at the Indian embassy or consulate. Ask them in advance what identity proof and photographs they need.
- Send the original to India. Courier the signed original to your attorney.
- Pay stamp duty in Karnataka within three months. A POA signed outside India is stamped in Karnataka after it arrives. This is done by presenting it to the stamps and registration office for adjudication under Section 18 of the Karnataka Stamp Act within three months of first receiving it in Karnataka. Missing this window means penalty.
- Proof of life when it is used. When your attorney registers a sale or other deed, be ready to send a life certificate in the form the sub-registrar accepts at that time.
An NRI POA is not compulsorily registered in Karnataka under the 2025 change, but it still has to be properly authenticated and stamped. A sub-registrar will refuse a POA that has not been adjudicated.
What to put in the document
A clear POA usually contains:
- full names, ages and addresses of the principal and the attorney, with ID details
- an exact description of the property, matching the title deed and khata
- a numbered list of powers: sign and register a sale deed, receive the sale price into a named account, apply for khata transfer, deal with BESCOM and BWSSB, appear before the sub-registrar, file or defend a case
- whether the attorney can appoint a substitute (usually, say no)
- a clause on how the sale money must be handled
Avoid “power of attorney format” templates from the internet. Many are written for other states or give far more power than you intend.
Cancelling a POA
You can revoke a POA at any time unless it was given for consideration and is tied to the attorney’s own interest. Do it in writing by a revocation deed. If the original POA was registered, register the revocation too, and send a copy to the attorney and to anyone likely to deal with him, such as the buyer, the bank or the sub-registrar office.
Questions people ask
Is a GPA registration compulsory in Karnataka?
After the Registration (Karnataka Amendment) Act, 2025, a POA that authorises transfer of immovable property must be registered where the principal lives in India. A POA for other purposes can still be registered, but does not have to be.
Can an NRI give a power of attorney from abroad for property in Bangalore?
Yes. Sign it before a notary, court or Indian consul in your country, send the original to India, and get it stamped by adjudication in Karnataka within three months of its arrival.
What is the stamp duty for a power of attorney in Karnataka?
For most POAs it is ₹500 after the 2024 revision. A POA that authorises sale of property to someone outside close family attracts 5% of market value, the same as a sale.
Can a property be sold on a GPA alone?
No. A GPA does not transfer ownership. The attorney can sign a registered sale deed for the owner, and only that sale deed transfers title.
Does a power of attorney end when the owner dies?
Yes. On the principal’s death the POA ends, and the property passes to the legal heirs. Read more on legal heir certificates.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.