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General Power of Attorney — કુલમુખત્યારનામું

કુલમુખત્યારનામું

Broad authority to act for another person across a range of matters. Powerful, useful, and given away far too easily.

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Why notarisation carries real weight here

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 directs that a court shall presume that a document purporting to be a power of attorney, executed before and authenticated by a Notary Public, was so executed and authenticated. Most notarial acts carry no such presumption, which is what makes a properly notarised power of attorney unusually strong — and why the drafting deserves care.

Be clear about its limits, though. The presumption goes to due execution and authentication, not to the truth of the contents, and it is rebuttable. It does not validate the transaction behind the power, and it does not turn a power of attorney into a conveyance.

Before you grant one, understand what you are handing over

A કુલમુખત્યારનામું hands an attorney broad authority — banking, property, litigation, business — often across everything the principal owns. A general power given to a relative "just in case" is a standing authority to deal with your affairs, and withdrawing it later is more work than granting it was.

Most people who ask for a general power actually need a special one. If you can name the thing that needs doing — sell this flat, appear at this registration, operate this account, conduct this case — a special power does it with a fraction of the exposure. Special power of attorney →

A "GPA sale" does not transfer ownership.

For years property changed hands on a package of general power of attorney, agreement to sell and will. In Suraj Lamp & Industries (P) Ltd. v. State of Haryana (2011) the Supreme Court held that such transactions do not convey or create title in immovable property. Only a registered deed of conveyance does. The Court did not invalidate genuine transactions carried out through a properly registered power of attorney, nor bar specific performance of a real agreement to sell — but if a property is being offered to you on a GPA, you are not buying the property.

Registration and authentication

A power of attorney is not separately enumerated in section 18 of the Registration Act, 1908 — it falls under the residual clause, section 18(f) — so registration is not compulsory as a matter of law. In practice the Sub-Registrar and the bank will insist where the power concerns immovable property, and a power used to present a document for registration requires authentication under section 33. Treat registration as necessary for property matters whatever the strict position.

An ordinary power dies with the principal.

It is also revoked by the principal's unsoundness of mind. Indian law on durable or continuing powers is unsettled, so if the purpose is to provide for a future loss of capacity, that needs a conversation rather than a template.

Protections worth building in

  • An expiry date, so it does not run indefinitely
  • Exclusions — property or accounts the attorney may not touch
  • A bar on gifting, or on selling to the attorney himself or his relatives
  • A requirement to account to the principal
  • Named events on which it automatically determines
On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Photo ID for the principal and the attorney
  • Details of exactly what the attorney is to be able to do
  • Property details where the power covers immovable property
  • Two witnesses where required
  • Any earlier power of attorney that is being replaced

Related

Common questions

Should I give a general or a special power of attorney?

Special, in almost every case where the task can be named. A general power hands over authority across everything; a special power does one defined job. The convenience difference is small and the risk difference is very large.

Can my attorney sell my property under a general power?

A general power may authorise a sale, but note carefully what that means: the attorney executes a registered sale deed on your behalf and title passes to the buyer. What a power of attorney cannot do is itself transfer ownership — that was settled in Suraj Lamp (2011). Anyone offering to sell you property on a GPA is not selling you the property.

How do I cancel one?

By a deed of revocation, registered if the original was registered, served on the attorney, and published as a public notice so third parties dealing with your former agent are on notice. We prepare all three together.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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