Giving someone authority in India without handing over your home

A power of attorney lets a trusted person sign for you in India. Drafted too broadly, it lets them do far more than rent out a flat, so the scope matters as much as the formalities.

Plenty of letting tasks can be done online: platform accounts, bank transfers, most correspondence. A few still require an original signature in an Indian office, such as a tourism department application, a utility transfer, a society form or a police verification. If you cannot fly in for each one, a power of attorney (POA) is the usual answer. It is also one of the documents most often misused against absent owners, which is why we treat it carefully.

Special or general: choose the narrowest that works

A special POA lists precise acts: apply for registration of the premises as a homestay, sign the electricity connection form, deal with the housing society about short-term letting. A general POA grants wide authority over the property and, depending on its wording, may extend to mortgaging or selling it. For a rental, most owners need only the first kind. Write down what the attorney may do, what they may not do, and for how long.

• Name the property by its full address and survey or flat number.
• Exclude sale, gift, mortgage and long leases unless you truly intend them.
• Set an end date, or tie the document to a specific purpose.
• Keep a copy of every document the attorney signs under it.

Signing it outside India

Section 33 of the Registration Act, 1908 deals with a principal who does not reside in India. For the POA to be recognised when documents are presented for registration, it must be executed before and authenticated by a Notary Public, a court, judge or magistrate, an Indian Consul or Vice-Consul, or a representative of the Central Government. In practice, many NRIs sign at the Indian embassy or consulate in their country of residence, or before a local notary followed by any further certification the receiving office in India requires. Ask the office where the document will be used what form of authentication it accepts before you sign.

Stamping once it reaches India

Under section 18 of the Indian Stamp Act, 1899, an instrument executed only outside India may be stamped within three months after it is first received in India. Courts have held that a POA not stamped in time can be impounded and a penalty charged. Stamp duty on powers of attorney is set by each state, and several states have their own stamp statutes, so your lawyer in the state where the property sits should confirm the amount and procedure. Diarise the date the original arrives.

Registration: check your state

Whether the POA itself must be registered with the sub-registrar depends on what it authorises and on state practice. Where the attorney will sign documents that are themselves registered, the office will look closely at the POA. Do not assume; ask.

A mandate is not a power of attorney

When you appoint Hexuvium to manage a short-stay rental, you sign a management mandate: a service contract describing listing, pricing, guest communication, cleaning coordination, reporting and our fees. It does not transfer ownership and gives no authority to sell, mortgage or lease the home long-term. Registration with the tourism department stays in your name. If a formality needs a signature in India, we will tell you which document, which office and whether a narrow POA to a family member makes more sense than one to a company.

Revoking it

Circumstances change. Revocation should be in writing, communicated to the attorney and to the offices and banks that relied on the POA. If it was registered, your lawyer will advise on recording the revocation too.

This page describes the general framework. It is not legal advice; have the draft reviewed by a lawyer in the relevant state before you sign.