Power of Attorney in Bihar: Patna Property Guide 2026

Short answer: A power of attorney (POA), called mukhtarnama in Patna, is a written authority that lets another person act for you, for example to present a sale deed at the registry office. It does not transfer ownership of the land. In Bihar, a POA to sell property given to a family member costs ₹1,000 in stamp duty; given to anyone outside the family, it costs the same duty as a sale. A POA used at the registry must be authenticated under Section 33 of the Registration Act. It ends when the owner dies or revokes it.

In Patna, a POA usually comes up in three situations: the owner lives outside (Pune, Bengaluru, Delhi, the Gulf), the owner is elderly or unwell, or someone is "selling land on GPA". The first two are legitimate uses; the third is a trap. This guide explains how a POA is made, what it costs, when it ends, and what to check before you buy land from someone holding one.

What is a power of attorney?

• Two parties: the person who gives the authority is the principal (the owner); the person who receives it is the agent or attorney.
• Effect: what the agent does within the scope of the POA binds the owner as if the owner had done it (Powers of Attorney Act 1882, Sections 1A and 2).
• It is not a sale: in Suraj Lamp & Industries v. State of Haryana (11.10.2011) the Supreme Court said a power of attorney is not an instrument of transfer of any right, title or interest in immovable property. Even an "irrevocable" POA does not make the agent the owner.

Special vs general power of attorney

For a single land deal, always use a special POA that names the property in full (mauza, thana number, khata, khesra, area), the act to be done, the minimum price and the bank account the money must go to.

Stamp duty and fees on a power of attorney in Bihar

From the Registration Department's "Table of Stamp Duty & Registration Fee" (page 7, item 43, Article 48):

Family in this table means father, mother, spouse, son, daughter, brother/sister (children of the executant's parents), daughter-in-law, and the children of the executant's son or daughter. An uncle, nephew, son-in-law or brother-in-law is not on the list, so a POA to sell given to them attracts sale-level duty.

Note: the department's table dates from December 2020. The June 2026 notification (Gazette No. 636) replaced only the sale deed and gift deed rates (Articles 23 and 33), not Article 48 on POAs, so the figures above are still treated as current. Still, confirm the fees and the "same as conveyance" rate with the sub-registry office before you go. Full registry costs: Patna registry charges, stamp duty and MVR.

How to make a power of attorney for Patna property (step by step)

1. Write the scope: which property, which act, for how long. Keep it special.
2. Pay the right stamp duty: use the table above. If the agent is family, state the relationship clearly.
3. Get it authenticated in the right place (Registration Act, Section 33):
   • You live in India (Patna or Pune alike): before the Registrar or Sub-Registrar of the district or sub-district where you live.
   • You live abroad: before a Notary Public, a court, judge or magistrate, an Indian Consul or Vice-Consul, or a representative of the Central Government. Such a POA must be stamped within three months of first arriving in India (Indian Stamp Act, Section 18).
4. At the office: the owner appears, identity is proved, and the officer endorses the authentication (Form X) and records it in the Register of Powers of Attorney (Rules 28(3) and 28(4)). If the owner cannot attend because of bodily infirmity, the officer can visit their residence, examine them and authenticate it there (Form X, part (b)). Ask the office about the separate fee for this.
5. Keep the number and a copy: note the authentication number and date. The agent takes the original POA on registry day.

When will the registry office accept a POA?

• Clear authority: a POA is not recognised for an act unless it contains an express or implied authority for that act (Bihar Registration Rules 2026, Rule 28(1)).
• Section 33 authentication: a POA used to present a document on the owner's behalf (Section 32) or to admit its execution (Section 34) must be authenticated under Section 33 (Rule 28(2)).
• Otherwise, refusal: registration can be refused if the admitting agent's POA was not made according to the Act (Rule 24(8)).
• A record of use: when a special POA is used at the registry, it is endorsed with the document it was used for (Rule 29, Form XI).

The full registry-day sequence: land registry process in Patna, step by step.

When does a power of attorney end?

Under Section 201 of the Indian Contract Act 1872, an agency (and so a POA) ends when:

• the owner revokes it, or the agent renounces it;
• the job it was made for is completed (e.g. the sale deed is registered);
• the owner or the agent dies or becomes of unsound mind;
• the owner is adjudged insolvent.

The key point: a POA ends the moment the owner dies, so executing a sale deed on it after that is a serious risk. The land then belongs to the heirs, and you have to buy from them (see ancestral land partition and vanshavali).

Exception: where the agent has their own interest in the property, for example the owner authorised them to sell the land and repay themselves a debt from the proceeds, the agency cannot, without an express contract, be ended to the prejudice of that interest, and it survives the owner's death (Section 202). Even so, such a POA does not make the agent the owner.

How to cancel a power of attorney

1. Write a revocation giving the POA's date, authentication number and the agent's name.
2. Apply at the same registry office where the POA was authenticated. The department's table lists ₹100 for revoking an authenticated POA, and such applications are kept for 50 years (records schedule of the 2026 Rules).
3. Tell the agent in writing and keep proof of delivery. In law, revocation takes effect for the agent when it becomes known to them, and for third persons (such as a buyer) when it becomes known to them (Section 208). If no reasonable notice is given and the agent suffers loss, you may have to make it good (Section 206).
4. Take back the original POA. If you fear someone may still try a deal on it, a newspaper notice is sensible.

If the owner does the job themselves (e.g. sells the land directly), that is an implied revocation (Section 207). Cancelling it on paper is still the safest course.

Buying land "on GPA": why it is dangerous

To save stamp duty and registration charges, some people transfer land through "agreement + general power of attorney + will". The Supreme Court (Suraj Lamp, 2011) said plainly:

• such "GPA sales" do not convey title and are not transfers;
• they cannot be relied on or used as the basis for mutation (dakhil-kharij) in municipal or revenue records;
• a sale happens only by a duly stamped and registered sale deed.

The Court also said genuine POAs are unaffected: for example, a person may give a POA to a spouse, son, daughter, brother, sister or relative to manage their affairs or to execute a sale deed. So an agent can execute a registered sale deed for the owner, provided the POA is valid.

Buying from a POA holder? Check these first

How POA frauds usually work (fake POA, revoked POA, deceased owner): avoiding property fraud in Patna. Every paper to check on a plot: plot buying guide for Patna. Living outside and need to buy or sell? See buying from outside and selling from outside.

What should you do? (our advice)

• Attend the registry yourself if you can. A POA is a convenience, not a necessity.
• If you must give one, make it special: one property, one job, to a trusted family member.
• Cancel it once the job is done. Old POAs become the route for fraud years later.
• Never buy or sell "on GPA". Ownership comes only from a registered sale deed.
• Before buying from a POA holder, speak to the owner and confirm the POA with the office, both.

Power of attorney in Bihar: frequently asked questions

1. How do I make a power of attorney in Bihar?

   Define the scope (one property, one job), pay the right stamp duty, and get it authenticated under Section 33 before the Sub-Registrar where you live. If you live abroad, execute it before a notary or Indian consul and get it stamped within three months of arriving in India.

2. What is the stamp duty on a power of attorney in Bihar?

   Per the department's table: a POA to sell given to a family member, ₹1,000 duty plus ₹1,000 fee; to someone outside the family, the same duty as a sale on the MVR-based value plus a ₹10,000 fee; a POA for purposes other than selling, ₹1,000. Confirm current rates with the sub-registry office.

3. Can land be sold through a power of attorney?

   Yes, if the POA clearly authorises selling or executing the sale deed and is authenticated under Section 33, the agent can execute a registered sale deed for the owner. But handing over a GPA does not sell land; ownership changes only by a registered sale deed.

4. What is the difference between a general and a special power of attorney?

   A special POA covers one defined act, such as the sale deed for one plot. A general POA covers many acts or all your property. For a land deal a special POA is safer. The department's table lists an authentication fee of ₹100 for a special POA and ₹250 for a general one.

5. Is a power of attorney valid after the owner's death?

   Generally no. Under Section 201 of the Contract Act a POA ends on the owner's death and the property passes to the heirs. The only exception is where the agent has their own interest in the property (Section 202).

6. How do I cancel a power of attorney in Bihar?

   Write a revocation and apply at the registry office where the POA was authenticated (the table lists a ₹100 fee), inform the agent in writing and take back the original. Revocation binds others only once they know of it, so keep proof that you gave notice.

7. Is the ₹1,000 rate available for a POA to a nephew?

   No. Brothers and sisters are in the table's definition of family, but a nephew, uncle or son-in-law is not, so a POA to sell given to them attracts sale-level duty.

This article was written on 24 October 2026 from the Bihar Registration Rules 2026 (Gazette No. 759), the Registration Department's stamp duty and fee table (December 2020), Gazette No. 636 (June 2026), the Indian Contract Act 1872, the Registration Act 1908 and the Supreme Court's ruling. Fees and rates can change; confirm with the sub-registry office before you go. This is general information, not legal advice; for large or complicated matters, consult a lawyer.