Short answer: A power of attorney (POA) lets a person you trust, the agent, act for you on your property. In Tamil Nadu, a POA about land or a building signed in India must be registered, as it has been since 1 December 2012. A general POA to sell, given to a family member, costs ₹1,000 stamp duty and a ₹2,000 registration fee; given to anyone else, 1% stamp duty and a 1% registration fee on the market value. A POA is not a sale: only a registered sale deed transfers ownership.
This guide is for owners who want someone to sell or manage their property, NRIs signing from abroad, and buyers dealing with a POA holder. It was checked against the official tnreginet.gov.in (duty and fees table, FAQs, circulars and model deeds) and India Code (Registration, Stamp and Contract Acts) websites, and the Supreme Court's 2011 Suraj Lamp judgment, in October 2026.
General or special power of attorney
- General POA (GPA): wide powers over the property described in it. The department's model GPA covers selling, leasing and mortgaging, receiving the sale money, renting out, paying taxes and handling court cases.
- Special POA (SPA): one task. The model SPA lets the agent appear at the Sub-Registrar office (SRO), present a deed you have already signed and admit its execution for you.
A 2019 circular of the Inspector General of Registration adds three rules. The POA must describe the property well enough to identify it, or it cannot be used to register a sale; a POA only to buy is the exception. An agent cannot appoint a sub-agent to register a property document. A company, firm or LLP can be an agent.
Does a POA have to be registered?
Yes, for property. The same circular says Tamil Nadu Act 29 of 2012 made registration compulsory for a POA relating to immovable property given on or after 1 December 2012. It is optional for a POA about movable property only, and a POA signed outside India does not have to be registered.
- Register it at the SRO where the property is, or where the principal (the owner) normally lives.
- Both the principal and the agent sign and appear. Witnesses' photos and thumb impressions are taken, and copies of their ID are attached.
- A POA registered in another state, where the principal lives, can be used in Tamil Nadu after the SRO confirms it in writing with that office.
Stamp duty and registration fee
From the department's duty and fees table:
| General POA | Stamp duty | Registration fee |
|---|---|---|
| To sell immovable property, given to a family member | ₹1,000 | ₹2,000 |
| To sell immovable property, given to anyone else | 1% of market value | 1% of market value |
| For purposes other than selling immovable property, such as managing it | ₹1,000 | ₹500 |
| Given for consideration (a payment) | 5% of market value | 1% of market value |
The department's FAQ defines family, for stamp duty concessions, as father, mother, husband, wife, son, daughter, grandchild, brothers and sisters. The table has no separate line for a special POA, so check the amount the portal shows before you pay.
Signing a POA abroad as an NRI
- Sign the POA where you live before a notary, or before the consular officer at an Indian embassy or consulate. Section 33 of the Registration Act also accepts a court, judge or magistrate there.
- Send the original to your agent. The tnreginet FAQ says it must then be adjudicated (stamped) by a District Registrar in Tamil Nadu. Under sections 18 and 32 of the Indian Stamp Act, a document signed only outside India may be stamped within three months after it first reaches India, and cannot be certified after that.
- Your agent can then act for you. The POA does not need registration, but when the agent registers a sale, a 2013 department circular requires a life certificate showing you are alive.
For presence-less registration, which needs Aadhaar, NRIs without Aadhaar can act through an agent who has it. See how to sell property in India from abroad.
How to revoke a POA
- Sign a cancellation deed. The tnreginet site has a model Cancellation of (General) Power of Attorney Deed.
- Register it at the SRO where the property is, or where you normally live. The duty and fees table lists a cancellation deed at ₹1,000 stamp duty and a ₹500 registration fee.
- Tell the agent in writing, and anyone dealing with the agent. Under section 208 of the Indian Contract Act, the end of an agent's authority takes effect for the agent only when they know of it, and for others only when they know.
Under section 201 of the same Act, a POA also ends if the principal or the agent dies or becomes of unsound mind. Under section 202, if the agent has their own interest in the property, it cannot be ended against that interest unless the contract allows it.
Risks when buying from a POA holder
A POA holder can sell. In Suraj Lamp & Industries v State of Haryana (11 October 2011), the Supreme Court said an attorney holder may sign a sale deed and pass title for the owner. But it also held that a POA is not a transfer of ownership, that "GPA sales" and sale agreement, GPA and will deals do not pass title, and that property can be transferred only by a registered sale deed. Such deals cannot be the basis for changing revenue records. Genuine POAs, such as one to a spouse, child or relative, are not affected. Before you pay:
- Read the POA. It must describe this property and include the power to sell.
- If it was signed in India on or after 1 December 2012, it must be registered. Anyone can apply online for a certified copy of a document in Book 1; copies of older POAs in Book 4 go only to the parties or an intended purchaser.
- Check the encumbrance certificate for any cancellation deed.
- Expect the SRO to ask for the owner's life certificate, and to check whether a POA registered before 13 February 2018 was cancelled, which can delay registration.
- Insist on a registered sale deed signed by the agent, not a POA or agreement in your name.
Next steps
- Registering the sale: property registration in Tamil Nadu, step by step.
- If the owner has died, the POA has ended: legal heir certificate in Tamil Nadu.
- Owners abroad can sell with Gmore for a flat fee with zero commission: sell your property from abroad.
- Every listing on Gmore has a video tour: property for sale in Tamil Nadu.
