IndiaCan a Power of Attorney holder sell my property?
Yes, a Power of Attorney (POA) holder can sell your property in India — but only if the POA is specific, registered, and explicitly authorises sale; a general POA does not confer sale rights.
What the Law Says
Indian law strictly regulates when a Power of Attorney holder may sell immovable property. The Transfer of Property Act and Registration Act set key conditions — especially that the authority to sell must be express, and the POA itself must be registered.
Under Indian law, a Power of Attorney is merely an instrument of agency — it does not transfer ownership or title. Only the owner holds title; the attorney acts on their behalf.
The Transfer of Property Act, 1882 governs property transfers. Section 5 defines 'transfer of property' as an act by which a living person conveys property to another living person. Crucially, a POA alone — even if broad — does not amount to a transfer unless coupled with an actual conveyance like a sale deed.
The Indian Registration Act, 1908 mandates registration of POAs that authorise the donee to sell immovable property. Unregistered POAs granting sale rights are invalid for that purpose — courts have consistently held they cannot support a valid sale.
Stamp duty is payable on POAs authorising sale. Under the Indian Stamp Act, 1899, such POAs attract duty — minimum ₹1000 in most states (e.g., Maharashtra), and higher amounts depending on property value and state rules.
Statutory TextTransfer of Property Act, 1882, s. 5 — 'Transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.
— Transfer of Property Act, 1882, s. 5 — Definition of transfer
Statutory TextNo document of the nature referred to in section 17 shall be admitted in evidence unless it has been registered.
— Indian Registration Act, 1908, s. 49(c) — Effect of non-registration
What Courts Have Said
Indian courts have repeatedly clarified that a POA holder cannot sell property unless the POA is registered and expressly grants sale authority — and even then, the sale must be effected via a registered sale deed.
The Supreme Court held that sale through GPA (General Power of Attorney) is not a valid mode of transfer of immovable property; only registered sale deeds create title. GPA, even if registered, does not convey title.
Reaffirmed Suraj Lamp: transactions disguised as GPA sales to avoid stamp duty and registration are illegal and do not pass title. Only a registered conveyance deed transfers ownership.
What to Do
Verify that your POA is registered under the Indian Registration Act, 1908 — unregistered POAs cannot authorise sale.
Check the POA text: it must contain clear, unambiguous words granting authority to 'sell', 'convey', or 'execute sale deed'. General powers are insufficient.
Ensure the attorney executes a registered sale deed (not just a POA) in favour of the buyer — the POA holder cannot sell *by* POA; they must sign the sale deed *as your agent*.
Confirm proper stamp duty is paid on both the POA (if sale-authorising) and the final sale deed — under the Indian Stamp Act, 1899.
Consult a local civil lawyer before granting or acting on a sale-authorising POA — state-specific stamp rules and judicial precedents vary.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.