Power of Attorney Name Mismatch in West Bengal
Many families in West Bengal use a power of attorney so a son, brother or relative can sign for an elderly parent or a sibling abroad. The registry reads three names together: the person giving the power (the principal), the person receiving it (the attorney), and the owner in the property papers. If the principal's passport, Aadhaar and title deed spell the name differently, the Sub-Registrar may refuse to act on it. This page shows how to write the names so the power works.
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Power of Attorney Name Mismatch (Quick Answer)
In a power of attorney used in West Bengal, write the principal's name as on the ID being used (Aadhaar in India, passport abroad) and add a line that he or she is the same person named differently in the property deed. Name the attorney as on Aadhaar. A wrong name is usually fixed by a fresh power of attorney, not by editing. A POA signed abroad must be stamped in India within three months of arrival. It ends when the principal dies.
| Problem | Fix |
|---|---|
| Principal's passport differs from deed | Recital linking both names, plus affidavit |
| Attorney's name not as on Aadhaar | Fresh POA with the correct name |
| POA from abroad not stamped | Stamp in India within three months |
| Principal has died | POA ends; heirs must act |
| Old POA in an old name | Revoke and make a fresh one |
What a Power of Attorney Does for Property in West Bengal
A power of attorney (POA) lets one person, the principal, authorise another, the attorney, to act for him or her. For property, it is often used to sign a sale, gift or release deed, apply for mutation, or deal with tenants.
A general POA covers many acts; a special POA covers one named task. For property work, a registered POA is usually expected by the Sub-Registrar; ask your registry office before drafting.
The attorney can only do what the POA says, and only in the principal's name. So the principal's name must clearly match the owner in the property papers.
That is where most mismatches come from.
Principal, Attorney and Deed: The Three Names a West Bengal Registry Checks
The principal: as on the ID used to sign the POA (Aadhaar in India, passport abroad), with father's or husband's name.
The attorney: as on Aadhaar and PAN, because the attorney will show ID at the counter when using the POA.
The owner in the property papers: as in the deed, khatian or tax record. If this does not match the principal, the registry may ask how they are the same person. For PAN and Aadhaar gaps, see PAN and Aadhaar name mismatch.
Linking the Principal's Old and New Names in a Power of Attorney
If the deed says "Bina Ghosh" and the passport says "Bina Chatterjee", add a recital in the POA that both are the same person, with the reason (marriage, spelling). The example names are made up.
Keep a sworn affidavit to the same effect with the file; see one and the same person affidavit. For deeds in old names generally, see name change in property documents.
Doing this in the POA saves the attorney from being stopped at the counter later.
NRI Power of Attorney Signed Abroad: Names, Apostille or Indian Mission Attestation
An NRI guide updated in September 2026 says a POA signed in a Hague Convention country is signed before a local notary and then apostilled. In countries where the Convention does not apply to India, such as the UAE, it is attested at the Indian mission.
The same guide suggests writing the principal's full name, father's name, both addresses, passport number, OCI number if any, and PAN. The passport name is what the foreign notary will check, so use it, and add the recital for the Indian spelling.
If the passport itself is in a different name from Indian records, see passport name change for NRIs.
Stamping a Foreign Power of Attorney in Kolkata Within 3 Months
A POA signed outside India must be stamped in India within three months of first arriving in India, under Section 18 of the Indian Stamp Act. The NRI guide warns that late stamping can attract a penalty of up to ten times the duty.
In Kolkata, the Collector of Kolkata (Stamp and Revenue) lists adjudication of stamp duty and applications for apostilled POAs of non-resident Indians among its services, under an order of the Land Reforms Commissioner dated 27 February 2024. In districts, ask the Collector or Sub-Registrar office.
Carry the original POA with the apostille or attestation, and the attorney's ID.
Fixing a Wrong Name in a Power of Attorney
A POA is not usually corrected like a deed. The simple fix is to revoke the faulty POA in writing and make a fresh one with the correct names, registered the same way.
Tell the registry, bank or office that held the old POA that it has been revoked, and give them the new one.
If the principal is now too unwell to sign a fresh POA, take legal advice before using the old one.
Does a Power of Attorney End When the Principal Dies? Yes
A power of attorney ends when the principal dies. In the usual case, the attorney cannot sign any deed for the principal after that.
The property then passes to the heirs, who must act themselves or give their own POAs. See release deed name mismatch for heirs giving up shares.
Using a POA after the principal's death can lead to the deed being challenged. That is a lawyer's job to sort out.
A Power of Attorney Does Not Transfer Property Ownership in West Bengal
In Suraj Lamp and Industries v. State of Haryana (2011), the Supreme Court said that selling property through a general POA with an agreement and a will does not transfer ownership. Only a registered sale deed does.
So an attorney named in a POA is not the owner, and the POA should not be treated as a title deed. Banks and buyers will look for the registered deed.
For gifts within the family, see gift deed name mismatch.
Mistakes With Power of Attorney Names
Passport name not linked to deed
Add a recital.
Attorney name not as on Aadhaar
Check before signing.
POA from abroad left unstamped
Stamp within three months.
Using the POA after death
It has ended.
Treating the POA as ownership
Only a deed transfers title.
Editing a POA by hand
Make a fresh one.
How to Make a Power of Attorney With Matching Names, in Order
Compare names
Deed, Aadhaar, passport.
Swear an affidavit
For old or married names.
Draft with a recital
Linking the names.
Sign and attest
Notary, apostille or mission.
Stamp in India
Within three months if signed abroad.
Register if needed
At the Sub-Registrar.
Power of Attorney Name Mismatch: Frequently Asked Questions
What is a power of attorney?
A document by which one person authorises another to act for them.
Whose name goes first in a POA?
The principal, as on the ID used to sign it.
The deed has my old name; my passport has my new name.
Add a recital in the POA linking both, with an affidavit.
How is a POA signed abroad accepted?
Apostille in Convention countries, or attestation at the Indian mission.
When must a foreign POA be stamped?
Within three months of its first arrival in India.
Where is it stamped in Kolkata?
The Collector of Kolkata (Stamp and Revenue) lists this service.
My POA has a wrong name.
Revoke it and make a fresh one.
Does a POA work after the principal dies?
No, it ends on death.
Does a POA make the attorney the owner?
No, only a registered deed transfers title.
Must a property POA be registered?
Usually expected for property dealings; ask the registry.
Can the attorney sign a sale deed?
If the POA allows it, in the principal's name.
Do I need a gazette?
Rarely; a recital and affidavit usually work.
Sources for Power of Attorney in West Bengal
Collector of Kolkata, Stamp and Revenue
kolkatacollectorate.wb.gov.in: adjudication, apostilled NRI POAs.
Power of Attorney From Abroad
nriinformation.com: apostille, three month stamping.
Directorate of Registration (official)
wbregistration.gov.in: registration of documents.
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Power of Attorney Name Mismatch: We Draft the Linking Affidavit
The POA is drafted by your lawyer, attested abroad by a notary or the Indian mission, and stamped and registered here, not by us. If the principal's deed, passport and Aadhaar show different names, send us how each one reads and we will prepare the affidavit linking them. Monday to Saturday, across West Bengal.