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Power of Attorney (POA)

A Power of Attorney (POA) is a legal instrument by which one person (the principal) authorizes another person (the agent or attorney-holder) to act on their behalf in specified matters -- for an NRI, most commonly to manage, sell, or handle formalities for property or financial matters in India without the principal needing to be physically present.

A Specific (or Special) POA authorizes only a named act -- for example, selling one identified property -- and is generally the safer, more readily accepted option for a one-time transaction. A General POA grants broader, ongoing authority and should be given only to someone trusted completely, since misuse carries higher risk. A POA executed outside India generally needs to be notarized and then either apostilled (for Hague Apostille Convention member countries) or legalized through the relevant country's foreign ministry and the Indian Embassy or High Commission (for non-member countries), before it can be used in India. Separately, under Section 17 of the Registration Act, 1908, a POA creating or transferring an interest in immovable property generally still needs to be adjudicated for stamp duty and registered in India before the transaction it authorizes can be completed.