- A power of attorney lets one person act for another. It is a tool of convenience — not a substitute for ownership.
- A general power of attorney does not transfer title. Land is transferred by a registered sale deed, not by a POA.
- The document must specifically authorise what is being done. A POA to “manage” land does not authorise selling it.
- A POA can be revoked, and it lapses on the death of the person who gave it. Both facts have ended deals mid-transaction.
You are buying land in a village you visited twice. The person negotiating is not the owner — the owner is in Dubai, or Bengaluru, or simply elderly and at home. What you are handed is a power of attorney. This is the moment where a great many buyers stop asking questions, and it is precisely the moment to ask more.
What a power of attorney doesमुख़्तारनामा क्या करता है
A power of attorney is an authority: A permits B to do specified things on A’s behalf. B is an agent. B does not become the owner, does not acquire rights in the land, and cannot do anything the document does not permit.
Everything that follows comes from that one sentence. The agent’s authority is exactly as wide as the paper says and no wider.
General vs specialआम और ख़ास
| General POA | Special POA | |
|---|---|---|
| Scope | Broad — a range of acts, often loosely worded | Narrow — one specified transaction |
| Typical use | Managing affairs while the owner is away | Executing one particular sale or registration |
| Risk to a buyer | Higher — vague wording invites dispute | Lower — the authority is legible |
| What you want to see | Rarely the right instrument for a sale | A POA that names the khasra and the act of sale |
If you are relying on a POA in a land purchase, you want the narrow, specific kind: this land, this khasra, this act, this agent, ideally this buyer.
Why "GPA sale" is not a saleGPA से बिक्री क्यों नहीं
In some markets a practice grew up of transferring property through a general power of attorney plus an agreement to sell plus a will, instead of a registered sale deed — usually to save stamp duty. The Supreme Court settled the position: such arrangements do not convey title. Immovable property is transferred by a registered instrument.
The practical consequence for you: if you “buy” on a GPA, you may have paid full price and hold no title. The record will not name you. You cannot mutate. You cannot sell onward except to someone making the same mistake. And you have no clean answer when the original owner, or the owner’s heirs, take a different view.
Eight checks before you rely on oneआठ जाँच
Agreement to sell, and its limitsइक़रारनामा की सीमा
An agreement to sell records a promise to transfer later, usually with an advance paid. It has real value — it fixes terms, records the advance, and creates enforceable obligations. It does not transfer ownership. You do not own land because you hold an agreement to sell, however much you paid and however long ago.
Keep the advance proportionate, keep it traceable through the banking system, and keep the timeline short and written down.
How to buy safely from a distanceदूर से सुरक्षित ख़रीद
Insist the owner attends registration where at all possible — in person, or through a properly executed special POA whose authority you have had checked. Pay by traceable banking channels, to the recorded owner’s account, never in cash to an intermediary. Verify identity independently against the name on the Jamabandi. Get an advocate to read the POA before, not after. And complete mutation promptly so the record names you rather than a promise.
FAQ · अक्सर पूछे सवाल
Can land be bought and sold on a general power of attorney?
No. A power of attorney is an authority to act, not a transfer of ownership. Immovable property is transferred by a registered sale deed. A buyer who pays on the strength of a GPA arrangement may hold no title at all, and cannot get the record changed into their name.
Does a power of attorney expire?
It ends when revoked by the person who gave it, when its stated purpose or period is over, and on the death of that person. This is why a POA executed years earlier should never be relied on without fresh confirmation.
What should a POA say if it is being used for a sale?
It should identify the principal and the agent, describe the specific land by khasra number, village and tehsil, and expressly authorise sale and registration. Vague authority to manage or represent does not permit a sale.
How do I verify a power of attorney is genuine?
Read it against a fresh Jamabandi to confirm the principal actually owns the land, confirm the principal is alive and has not revoked it, speak to the principal directly if possible, and have an advocate examine the document. Do not rely on a photocopy.