Power of Attorney in Bihar: Patna Property Guide 2026

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

A POA usually comes up when the owner lives outside (Pune, Delhi, the Gulf) or is elderly or unwell. Both are legitimate. "Selling land on GPA" is the trap (see below).

1. Write the scope: which property, which act, for how long. For one land deal, use a special POA naming the property in full (mauza, thana number, khata, khesra, area), the act, the minimum price and the bank account the money must go to.
2. Pay the right stamp duty (table below). If the agent is family, state the relationship clearly.
3. Get it authenticated in the right place:
   • You live in India (Patna or Pune alike): before the Registrar or Sub-Registrar where you live.
   • You live abroad: before a Notary Public, a court, judge or magistrate, an Indian Consul or Vice-Consul, or a Central Government representative. It must then be stamped within three months of first arriving in India.
4. At the office: the owner appears and proves identity. The officer endorses the authentication and enters it in the Register of Powers of Attorney.
5. Keep the number and a copy: note the authentication number and date. The agent takes the original POA on registry day.

The registry accepts a POA only if it clearly authorises the act. It must also be authenticated when used to present or admit a deed. Otherwise registration can be refused. Each use of a special POA is endorsed on it. Registry day: land registry process in Patna.

Source: Bihar Registration Rules 2026, the Registration Act and the Indian Stamp Act (full list at the bottom).

Stamp duty and fees on a power of attorney in Bihar

Family here means: father, mother, spouse, son, daughter, brother/sister, daughter-in-law, and grandchildren through a son or daughter. An uncle, nephew, son-in-law or brother-in-law is not family here. A POA to sell given to them attracts sale-level duty. Full registry costs: Patna registry charges.

Source: the Registration Department's stamp duty and fee table (full list at the bottom).

Special vs general power of attorney

A POA is not a sale. What the agent does within it binds the owner, but in Suraj Lamp & Industries v. State of Haryana (11.10.2011) the Supreme Court said a POA transfers no right or title in property. Even an "irrevocable" POA doesn't make the agent the owner.

When does a power of attorney end, and how to cancel it

A POA ends when:

• the owner revokes it, or the agent renounces it;
• the job is done (e.g. the sale deed is registered);
• the owner or agent dies or becomes of unsound mind;
• the owner is declared insolvent.

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

To cancel:

1. Write a revocation with the POA's date, authentication number and the agent's name.
2. Apply at the same registry office where it was authenticated (₹100). Such applications are kept for 50 years.
3. Tell the agent in writing and keep proof. Revocation binds the agent, and a buyer, only once they know of it. Without reasonable notice you may have to make good the agent's loss.
4. Take back the original POA. If you fear someone may still try a deal on it, a newspaper notice is sensible.

Buying land "on GPA": why it is dangerous

To save stamp duty, 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 can't be the basis for mutation (dakhil-kharij) in municipal or revenue records;
• a sale happens only by a duly stamped and registered sale deed.

Genuine POAs are unaffected: a person may give a POA to a spouse, child, sibling or relative to manage affairs or to execute a sale deed. So an agent can execute a registered sale deed, provided the POA is valid.

Buying from a POA holder? Check these first

How POA frauds usually work: avoiding property fraud in Patna. Living outside? Buying 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. The owner is too ill to go to the office. Can a POA still be made?

   Yes. If the owner can't attend because of bodily infirmity, the officer can visit their home. There the officer examines them and authenticates the POA. Ask the office about the separate fee for the visit.

2. Can a POA survive the owner's death?

   Only in one case: where the agent has their own interest in the property. For example, the owner authorised the agent to sell the land and repay themselves a debt from the proceeds. Without an express contract, such an agency can't be ended to harm that interest. Even so, the agent doesn't become the owner.

3. The owner sold the land himself. Is the POA cancelled?

   Yes, doing the job yourself is an implied revocation. Cancelling it on paper at the registry office is still the safest course.

4. Why is a 2020 fee table still used for POAs?

   The June 2026 notification (Gazette No. 636) replaced only the sale and gift deed rates, not the POA article. So the 2020 figures are still treated as current. Still, confirm the fees and the "same as conveyance" rate with the sub-registry office before you go.