Power of Attorney to Obtain Letters of Administration or Probate

Last updated: November 21, 2025 Type: Affidavit Format Type: Power of Attorney Fill the Affidavit

Disclaimer

This is only a sample-style explanatory note for general understanding. User must verify stamp duty and registration requirements before preparing or executing any Power of Attorney. Modify the draft according to your specific circumstances and legal requirements.

Why This Power of Attorney Is Made

A Power of Attorney (POA) to obtain Letters of Administration or Probate is issued when a legal heir or executor:

Cannot personally appear in the court where succession proceedings are filed
Lives outside the district/state/country
Is unable to run around for paperwork, affidavits, bonds, and court formalities
Wants a trusted person to complete the entire probate/LoA process on their behalf

In simple words: You authorize someone to handle succession proceedings in court so that the estate of the deceased can be legally transferred as per law.

The POA-holder (attorney) steps into your shoes to:

File the petition
Sign affidavits
Submit documents
Provide undertakings/bonds
Attend court dates
Receive certified copies of probate/LoA

When Should Someone Make This POA?

You live abroad (NRI/OCI), and the case is filed in an Indian court.
You are the legal heir/executor but cannot travel.
You are elderly or unwell.
You work in a different state and cannot attend long proceedings.
You want the process to move faster through an authorised representative.

Example: Father dies in Mumbai. You live in Delhi and cannot appear multiple times. You give POA to your uncle in Mumbai to conduct probate proceedings.

Legal Requirements (as per govt portal guidelines)

1. Stamp Duty

Stamp duty for POA is payable as per the State Stamp Act based on purpose.
POA to appear in court attracts lower, fixed stamp duty.
POA for property transfer attracts higher duty (not applicable here).

2. Registration

Registration is generally optional for court-related POA but recommended.

3. Identification Requirements

Two witnesses
Photo ID of executor/heir
Photo ID of attorney
Proof of death
Address proof

If Someone Wants to Make It Without an Advocate

Draft the POA clearly mentioning the deceased, court name, and powers.
Buy proper e-stamp paper as per state rules.
Sign before two witnesses.
If registering: visit Sub-Registrar with IDs.
Give the original POA to the attorney for filing in court.

Avoid These Mistakes

Don't give broad and unlimited unrelated powers.
Don't leave blanks.
Don't skip details of the deceased and the relationship.
Don't skip witnesses.
Don't skip stamp duty.
Don't skip registration if required.

Is This Valid in Court?

Yes, if proper stamp duty is paid.
POA executed properly with witnesses.
Correct identity proofs.
Attorney sticks to given powers.
Registration is done if required.

FAQs

1. Can the attorney receive the final probate or LoA document?: Yes. The POA can authorise them to collect certified copies.
2. Can the attorney distribute property?: No. Their role is limited to court proceedings unless authorised.
3. Can siblings object to probate if POA is given?: Yes. POA only substitutes presence, not rights.
4. Can an NRI sign a POA abroad?: Yes—before the Embassy/Consulate and then adjudicate in India.
5. Does POA expire after probate/LoA?: Yes. It ends when the purpose is completed.
6. Can the attorney file affidavits?: Yes, if authorised.
7. Does POA make the attorney an heir?: No.
8. Can multiple people give one common POA?: Yes. All heirs can sign jointly.
9. Can a court reject a POA?: Yes, if unclear or unstamped.
10. Can POA be revoked?: Yes—by revocation deed and notifying the attorney and court.

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Power of Attorney: For Letters of Administration or Probate (326.01 KB)	326.01 KB

Legal Affidavit Document

Power of Attorney to obtain Letters of Administration or Probate

KNOW ALL MEN BY THIS POWER OF ATTORNEY that I, A. B., son of . . . . . . . . . , resident of . . . . . . . . . , hereby appoint and constitute C. D., son of . . . . . . . . . , resident of . . . . . . . . . , my lawful attorney.

WHEREAS E. F., the late of . . . . . . . . died intestate (or leaving a will, dated . . . . . . . . and registered as No. . . . . . . . . in Book No. . . . ., Volume. . . . . . . . ., on pages. . . . . . . . . to . . . . . . at the . . . . . . . . Sub-Registry, appointing me executor of the said will), I am the eldest son (or brother) surviving him;

AND WHEREAS there is no other nearer relation (or executor) willing or capable of taking proceedings in the Court of . . . . . . . . . . .

AND WHEREAS I am a resident outside the State of . . . . . . . . . . wherein succession proceedings lie.

NOW THEREFORE BY THIS DEED I authorise and empower the said C. D. for me and in my name and on my behalf to apply to the Court of. . . . . . . . for the grant of letters of administration (or probate) for the use and benefit of me, his principal, limited until the letters of administration (or probate) are obtained;

AND in my name, or otherwise, to give, make, enter into, and execute every such bond, covenant or other obligation as shall be required upon the grant of such letters of administration;

AND I HEREBY AGREE and undertake to ratify and confirm all and whatsoever my said attorney shall lawfully do or cause to be done by virtue of these presents.

IN WITNESS whereof, I, the said A. B., have hereto signed at . . . . . . . . . this the . . . . . . . . . day of . . . . . . . . . in the year two thousand and . . . . . . . . .

Witness:

Sd. A. B.
Executant.