Key takeaway
A vakalatnama authorises an advocate to appear and argue for you in court. A power of attorney authorises a person — often a relative — to act on your behalf, including filing and following a case. Most NRIs with a court case in India need both.
Vakalatnama
- A document by which you appoint an advocate to represent you in a particular case (Order III Rule 4, Code of Civil Procedure).
- Only advocates enrolled with a Bar Council can plead and argue.
- Usually signed by you and the advocate; NRIs can sign abroad and send it to India.
Power of attorney
- Authorises an agent to do acts for you — sign documents, deal with property, file and pursue cases.
- A power of attorney holder can act as your “recognised agent” for appearances, applications and acts in court (Order III Rules 1–2 CPC), but cannot argue the case as an advocate.
- For evidence, a power of attorney holder can generally testify only about facts within their personal knowledge (Janki Vashdeo Bhojwani, 2005).
Side by side
| Vakalatnama | Power of attorney | |
|---|---|---|
| Who is appointed | An advocate | Any trusted person |
| Scope | One case | As defined — specific or general |
| Can argue in court | Yes | No |
| Stamping and authentication | Court stamp or fee as per rules | Notarised/apostilled or mission-attested abroad; stamped in India |
Which do you need?
- Your lawyer will represent you — vakalatnama.
- Someone must sign pleadings, attend the registry or give evidence on facts they know — power of attorney as well.
- Property transactions linked to the case — a specific power of attorney.
Frequently asked questions
Can my brother argue my case?
No, only an advocate can argue; your brother can act as your agent for other steps.
Can I revoke a power of attorney?
Yes, generally, by a written revocation communicated to the agent and relevant authorities.
Can I change my lawyer?
Yes, with a new vakalatnama and the court’s procedure.
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References
- Code of Civil Procedure, 1908 — Order III Rules 1, 2, 4
- Advocates Act, 1961
- Janki Vashdeo Bhojwani v. IndusInd Bank (2005) 2 SCC 217
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
