Execution, Attestation and Registration Checklist
A Power of Attorney fails in practice for reasons that have nothing to do with its wording: the wrong stamp, a missing authentication, a signature that does not match the deed it is used to register. The checklist below is the sequence a Sub-Registrar's office in Kolkata will effectively apply, whether or not it says so.
- Identify the principal and agent with full addresses and identifiers. A POA that names “my son” without a full name and address is an invitation to a fraud allegation.
- Describe the power precisely. Name the property by schedule (mouza, khatian, plot, area, boundaries) or the proceeding by court and case number. General words such as “all matters” are read narrowly by courts, but they still create ambiguity that banks and registrars resolve against you.
- State the duration and the revocation clause. A POA without an expiry is presumed to continue until revoked; an expiry date limits the damage.
- Execute on stamp paper of the value prescribed under the Indian Stamp Act, 1899 as applied in West Bengal. The rate depends on the nature of the authority, and an instrument that is insufficiently stamped is not admissible until the deficiency and penalty are paid.
- Attest with two witnesses and, where the principal signs in Bengali or another script, add a translator's endorsement.
- Notarise, and register where the transaction requires it. Registration is not a universal requirement for a POA, but a document that will be acted upon by a Sub-Registrar or a bank is very often insisted upon as registered or formally authenticated.
A POA Signed Abroad: Section 33 of the Registration Act
For NRIs this is the single most common failure point. A POA executed outside India and used for a transaction in India must be authenticated in the manner prescribed by s.33 of the Registration Act, 1908 — before a notary public, or any court, judge, magistrate, Indian consular officer or representative of the Central Government — and then presented for registration in India where the transaction requires a registered instrument. An apostille from the country of execution is useful for foreign proceedings but is not, by itself, the authentication that s.33 contemplates. The practical sequence is: execute and notarise locally, obtain the Indian consular officer's authentication (or the prescribed alternative), courier the original, and have it adjudicated and registered in Kolkata within the period allowed after receipt.
| Type | Scope | Revocable | Registration |
|---|---|---|---|
| General POA | All or most affairs | Yes | Advisable, often demanded |
| Special POA | One defined act | Yes, and ends on completion | Required in practice for land |
| POA coupled with interest | Backs a consideration the agent has paid | No, while the interest subsists | Essential |
| POA for a court case | Appearance and pleadings in one proceeding | Yes | Not required; vakalatnama is separate |
Note the last row carefully. A POA authorising someone to conduct a case is not a substitute for a vakalatnama, and a vakalatnama is not authority to sell property. Where the agent is also to depose, the court will ordinarily require the principal's affidavit or an explanation of the agent's personal knowledge.
Frequently Asked
Can a POA be executed jointly by co-owners? Yes, and it should be. A POA signed by one co-owner cannot convey the others' shares, and a sale deed executed on that authority is void to the extent of the unsupported shares.
How is a POA revoked, and does the world have to know? Execute a revocation deed, notify the agent in writing, and publish notice in at least one widely circulated newspaper. Notify every bank, registrar and authority that may have seen the original, and lodge a copy with the Sub-Registrar where the POA was registered. Revocation is ineffective against a third party who dealt in good faith without notice.
Does death of the principal end the agency? Yes. Agency terminates on the principal's death or insanity, and a transaction completed after that without the third party's knowledge may still be set aside. This is why a POA used for a long property transaction should be re-verified close to the date of execution of the deed.
Can a POA be used to gift property? A gift executed through an agent is viewed with suspicion and requires a power that expressly authorises gratuitous transfer; a general power to “sell or otherwise deal with” property will not ordinarily authorise a gift. If a POA is being used against you in Kolkata, or you need a safe one drafted, contact the chamber.