You Gave Your Brother a Power of Attorney. How Much Power Did You Actually Give?
Property Knowledge · Published 16 Oct 2026 · 3 min read
"I only wanted him to collect the rent."
Deepak works in Kuwait. His flat in Chennai was rented out, and the tenant kept asking about repairs and renewals. So, on a visit home, Deepak signed a general power of attorney for his younger brother Karthik. The lawyer called it "the standard one, covers everything".
Three years later, Karthik called, excited. A builder wanted to redevelop the building and had offered a flat-plus-cash deal. Karthik had already signed the agreement on Deepak's behalf. "It's a great offer, anna. I saved you the trouble."
Karthik meant well, and the deal may even be fine. But Deepak felt a chill. Without knowing it, he had given his brother the power to sell, mortgage or give away his home. Karthik's signature was just as valid as his own.
A power of attorney (POA) is one of the most useful documents an NRI can have. It's also one of the easiest to get wrong.
A POA is a signed blank cheque, unless you fill in the amount
A POA lets someone (your "attorney") act and sign on your behalf. Anything they sign within the powers you gave counts as if you signed it yourself.
There are two main kinds:
| General POA | Specific (Special) POA | |
|---|---|---|
| What it covers | A broad class of matters, e.g. "all my property matters" | One clearly named task, e.g. "renew the lease of Flat 4B, XYZ Apartments" |
| Risk | High. It can be used for things you never imagined | Low. Nothing outside the named task is allowed |
| Best for | Rarely the right choice | Selling one property, a bank task, a court case, collecting rent |
Lawyers who advise NRIs commonly say the same thing: avoid a general POA wherever possible, especially for property.
Making a valid POA while you're abroad
You don't need to fly home. The usual path is:
- Draft it in India with your lawyer, naming the exact property, account or task and listing each permitted act.
- Sign it abroad before a notary and get it apostilled (in countries that follow the apostille system), or sign it at the Indian embassy or consulate.
- Courier the original to your attorney in India.
- Get it stamped within three months of its arrival in India by paying the state's stamp duty (called adjudication). Duty varies by state, and it is often lower for close family.
- Register it at the sub-registrar's office if it will be used for buying or selling property.
Taking the power back
You can cancel (revoke) a POA at any time while you're alive:
- Sign a deed of revocation, and register it if the original POA was registered.
- Inform everyone in writing: the attorney, your bank, the sub-registrar, tenants or buyers. A revocation they don't know about may not protect you.
A POA also ends automatically if the person who gave it passes away.
The solution: give the power to do one job, for a limited time
Deepak revoked the general POA, reviewed the builder's deal himself over two video calls, and then gave Karthik a new specific POA covering only that deal, valid for one year.
Before you sign any POA, check these
- Specific, not general: name the exact property, account or case
- List the acts: e.g. "sign the lease, collect rent, pay property tax", and nothing more
- Add an end date, or say it ends when the task is complete
- Say what's not allowed, e.g. "no sale, gift or mortgage" for a rent-only POA
- Keep a copy and record who holds the original
- Get it stamped within three months of arrival in India, and registered if it involves property
- Review once a year, and revoke what you no longer need
The 30-second takeaway
Whoever holds your POA can sign as you. Give a specific POA for one task with an end date. Never a general one "just in case".