What Is a Vakalatnama and How Do You Sign One?

What a vakalatnama actually is

A vakalatnama is a written authority, signed by a party to a case, appointing one or more advocates to act for that party. The word comes from 'vakil' (advocate) and 'nama' (document). Once it is accepted by the advocate and filed in court, the advocate becomes the party's 'counsel on record' in that case. The court and the other side then deal with the advocate, serve papers on the advocate, and treat what the advocate says in court as said on the party's behalf.

For civil cases, the legal basis is Order III Rule 4 of the Code of Civil Procedure 1908 (CPC). It says the appointment of a pleader must be in writing, signed by the party, and filed in court. The appointment stays in force until it is ended with the court's leave, by a writing signed by the client or the pleader, or until the client dies, or until all proceedings in the case are over as far as that client is concerned. The criminal codes do not have an equivalent section, but every criminal court in Delhi, including the High Court, insists on a vakalatnama before an advocate appears for an accused, a complainant or a victim.

A vakalatnama is not a power of attorney. A power of attorney authorises a person to act for you in general or in specific matters, such as signing documents or managing property. A vakalatnama only authorises an advocate to conduct a particular case. If you live abroad, you may need both: a power of attorney for a relative to sign affidavits and take instructions, and a vakalatnama for the lawyer.

It is also not a fee agreement. Fees are a separate matter between you and the lawyer, and good practice is to agree them in writing, stage by stage, before or when the vakalatnama is signed.

What the vakalatnama format contains

There is no single statutory vakalatnama format, but the printed forms used in Delhi courts follow a common pattern. At the top is the name of the court, for example 'In the High Court of Delhi at New Delhi', followed by the case title (the parties' names) and the case number, or a blank for it if the case is yet to be filed. Then comes the name of the party signing and that party's role: petitioner, appellant, applicant, respondent, accused, complainant or caveator.

The body of the form appoints the named advocates and lists their powers: to appear, plead and act; to file petitions, applications, affidavits and documents; to take back documents; to withdraw or compromise the case; to file appeals or reviews; to deposit and sometimes receive money; and to engage other counsel, including a senior advocate. Most printed forms are generous. Read them, and strike out any power you do not want to give, initialling each cut.

At the bottom are the party's signature with date and place, and the advocate's acceptance. The advocate signs, writes 'accepted', and adds the Bar Council enrolment number, chamber or office address, mobile number and email. The Delhi High Court Registry expects these details so that notices can be served on the advocate. Where several advocates of a firm are named, each one's name and enrolment number may appear, so that any of them can appear for you.

Finally, the welfare stamp is affixed on the face of the vakalatnama, usually near the top. Without it, the Registry treats the document as defective.

The rules that govern a vakalatnama

The welfare stamp: what it is and why the Registry insists

The welfare stamp is a small adhesive stamp, issued under the Delhi Advocates' Welfare Fund Act 2001, that must be affixed to every vakalatnama filed in Delhi. It is not court fee. The money funds benefits for advocates and their families, such as insurance and payments on retirement or death. The value is Rs 25 after the 2019 amendment to the rules.

Welfare stamps are sold through the bar associations in the court complexes, including at the Delhi High Court and in the district courts at Tis Hazari, Saket, Patiala House, Karkardooma, Rohini, Dwarka and Rouse Avenue. Your lawyer will usually affix the stamp. If you are given a blank form to sign, the stamp may already be on it.

A vakalatnama without a welfare stamp is a defect. The Registry will raise an objection, and in a fresh filing that can delay listing by a day or more. When the vakalatnama is e-filed, the scanned copy must show the stamp clearly. Many lawyers in Delhi now use forms with the stamp printed or pre-affixed for exactly this reason.

The stamp is a Delhi requirement. Other states have their own welfare stamps and values. If you are also engaging a lawyer in a Ghaziabad or Gurugram court, the stamp on that vakalatnama follows the rules of that state.

How to sign a vakalatnama, step by step

These steps apply to an individual signing in person in Delhi. Variations for companies, prisoners and people abroad follow.

1. Check the court and case details

   Confirm that the court name, case title and case number (or 'to be filed') are correct. A vakalatnama for the Delhi High Court will not do for Saket Courts, and one for a writ will not automatically cover an appeal.

2. Check your name and role

   Your name must match the case title exactly, including father's or husband's name if used there. Check that your role is right: petitioner, respondent number 3, accused number 2 and so on.

3. Read the powers

   Read the list of powers. Strike out any you do not want to give, such as the power to receive money or to compromise, and initial each cut. If you want something specific recorded, ask your lawyer to add it.

4. Sign where marked

   Sign in full where indicated, with date and place, in the same way you sign official documents. If you cannot write, give a thumb impression, and the advocate will identify you on the form.

5. Let the advocate accept and stamp it

   The advocate signs to accept, adds enrolment number and contact details, and affixes the welfare stamp. For a firm, more than one advocate may sign.

6. Keep a copy

   Ask for a photo or scan of the signed vakalatnama for your records. It tells you exactly whom you have authorised, which helps if you later change lawyers.

The advocate then files the vakalatnama with the first petition or reply, or separately if the case is already pending. In a pending case, the vakalatnama is filed before or on the next date, and a copy is given to the other side.

Who signs for whom: companies, firms, minors and heirs

A company signs through a person authorised by its board: usually a director, the company secretary or an authorised officer. The vakalatnama should state the name and designation of the signatory, and a certified copy of the board resolution or authority letter should be filed with it. A company seal is no longer necessary but some companies still use one. When a company changes its authorised signatory during a long case, a fresh authority may be required for later affidavits, though the vakalatnama usually continues.

A partnership firm signs through a partner. An LLP signs through a designated partner or authorised person. A trust signs through its trustees, and a society through its office-bearer authorised by the managing committee, with a copy of the resolution.

A minor cannot sign a vakalatnama. The case is brought or defended through a next friend or guardian, who signs on the minor's behalf in that capacity. If a party has died during a case, the legal heirs brought on record each sign a vakalatnama, or one heir signs with authority from the others.

Government departments do not usually sign vakalatnamas for their regular counsel. Standing counsel and panel lawyers appointed by the Union or the Delhi government appear on the strength of their appointment and file a memorandum of appearance. If you are suing the government, you will see this from the order sheet: 'Mr X, standing counsel, accepts notice'.

Signing a vakalatnama from jail

When a person is in judicial custody at Tihar, Mandoli or Rohini jail, the vakalatnama has to be signed inside the jail. The family usually engages the lawyer, who prepares the form. The lawyer or an associate visits the jail during the hours allowed for legal interviews, the prisoner signs, and the jail authorities verify the signature and the prisoner's identity, typically with an official stamp. In some cases the form is sent through the jail superintendent and returned signed.

This takes time. Legal interviews are scheduled, the jail may be some distance away, and the paperwork passes through jail staff. A bail application in the Delhi High Court cannot be filed until a signed vakalatnama is in hand, so families should not wait until the day before the hearing they want. Bring the prisoner's full name, father's name, jail number and the FIR details to the lawyer on the first meeting.

If the accused is not yet in jail but in police custody, the advocate may meet him at the court during production, and the vakalatnama can often be signed there with the court's leave.

When Advocate B.K. Singh is engaged for bail by a family whose relative is in Tihar, he asks them first for the jail number and the ward, and sends his associate for the legal interview within a day or two. The vakalatnama, the custody certificate and the latest order of the trial court are collected on the same visit if possible, so that the bail application can be filed without a second trip.

Signing from abroad or another city

If you live outside India or in another city, you do not need to come to Delhi to sign. Your lawyer sends you the vakalatnama by email; you print it, sign it, scan it and send it back. The lawyer files the scanned copy (the Delhi High Court accepts e-filed vakalatnamas) and keeps it on record. The original is then sent by courier, because the Registry or the court can ask for it, particularly if anyone disputes the signature.

Courts do not generally require a vakalatnama signed abroad to be notarised or apostilled. Some lawyers, and some courts in particular cases, prefer a signature attested by a notary or an Indian consular officer, especially if the affidavit that goes with the petition also needs attestation. Our guide on how affidavits are attested for the Delhi High Court covers the rules for affidavits made abroad, which are stricter.

Another route is to sign a power of attorney in favour of a relative in India, who then signs the vakalatnama on your behalf as your attorney. This is useful when many documents will need signatures over a long case. Our guide on how NRIs can hire a Delhi High Court lawyer and give a power of attorney explains when that route makes sense.

Whichever route you take, sign the vakalatnama yourself where you can. A vakalatnama signed directly by the party is the cleanest proof of authority if the other side challenges it.

Vakalatnama situations: time and cost

Before you sign: a checklist

• The court named on the form is the court where your case is or will be filed
• The case title and number match your papers exactly
• Your name, parentage and role in the case are correct
• The advocates named are the ones you have agreed to engage
• You have read the powers and struck out any you do not want to give
• The welfare stamp is affixed, or your lawyer has confirmed it will be
• You have a copy or photo of the signed form
• For a company: the board resolution names the person signing
• For a minor or heir: the capacity in which you sign is written next to your name
• Your fee terms are agreed in writing separately

The vakalatnama in e-filing

Most filings in the Delhi High Court are now made through its e-filing portal. The vakalatnama is uploaded as a scanned PDF along with the petition. It must be legible, with the signatures, the advocate's details and the welfare stamp clearly visible. A blurred or cut scan is one of the common Registry objections. Our guide on e-filing in the Delhi High Court explains the format requirements.

Keep the original signed vakalatnama safe. Your lawyer holds it, but you should know where it is. The Registry may require the physical original to be filed later, and if there is any dispute about authority, the original is the evidence.

If you are filing a reply in a case that is already pending, the vakalatnama is uploaded in that case, linked to the case number. The other side should be given a copy, so they know whom to serve.

The district courts in Delhi have their own e-filing systems, and practice on scanned vakalatnamas can differ between court complexes. Your lawyer will know what the particular court expects.

Which court the vakalatnama is filed in, and why it matters

A vakalatnama is filed in the court that is hearing the case. If your case is in the Delhi High Court, the vakalatnama is filed there; if it is in a district court, it is filed there. The same lawyer may appear for you in both, but each court needs its own vakalatnama on its own record.

When a case moves from one court to another, a fresh vakalatnama is the safe course. An appeal from a district court decree to the High Court, a revision against a Rent Controller's order, a Letters Patent appeal from a single judge to a Division Bench: in practice each of these is filed with a fresh vakalatnama, even though Order III Rule 4 treats some later proceedings as part of the same suit.

The Supreme Court works differently. Only an Advocate-on-Record, an advocate who has passed the Supreme Court's own examination and is registered with it, can file a vakalatnama there. If your Delhi High Court lawyer is not an Advocate-on-Record, the special leave petition is filed through one, with your lawyer or a senior advocate arguing. Our page on Supreme Court special leave petitions explains the route.

Tribunals in Delhi, such as the CAT, NCLT and the DRTs, also need a vakalatnama with the Delhi welfare stamp.

Changing your lawyer or withdrawing a vakalatnama

You can change your lawyer at any stage. The usual route is to engage the new lawyer, sign a fresh vakalatnama in their favour, and ask the earlier lawyer for a 'no objection', usually written on the new vakalatnama or given as a separate letter. The new vakalatnama is then filed with the NOC. Our guide on changing your lawyer in a pending Delhi High Court case covers the steps.

If the earlier lawyer refuses to give an NOC, perhaps because of unpaid fees, the new lawyer can apply to the court for leave to appear. Courts generally grant it, because a party is entitled to choose counsel, but they may record the earlier lawyer's position. Unpaid fees are a contractual matter and do not entitle a lawyer to keep the case files hostage.

A lawyer can also withdraw. A lawyer who wants to stop representing you must ordinarily give you notice and seek the court's leave, so you are not left without counsel on a hearing date. If your lawyer files an application to withdraw, the court will usually ask you to engage another lawyer by the next date.

Advocate B.K. Singh's advice to clients who are switching counsel mid-case is to collect the full case file, including every order, every filing and the court's latest status, before signing the new vakalatnama. The handover goes faster when the new lawyer can see where the case stands on day one, and it avoids missing a deadline that the old lawyer was tracking.

Common vakalatnama mistakes

• Wrong court or case number. The Registry raises an objection and the filing is delayed.
• Name not matching the case title. A missing middle name or a different spelling invites questions about who signed.
• No welfare stamp. A defect in Delhi; it delays filing.
• Signing a blank form. If the case details are not filled in, you do not know what you have authorised. Ask for a filled form.
• Not reading the powers. If you do not want your lawyer to receive money or settle without you, strike those powers out.
• Company signing without authority. A vakalatnama signed by a director without a board resolution can be challenged by the other side.
• Leaving the jail vakalatnama to the last minute. Legal interview slots fill up; plan two to seven days.

Do you need a vakalatnama at all?

Only if you are engaging a lawyer. A party can appear in person, without a lawyer, in the Delhi High Court and in the district courts. In that case no vakalatnama is filed; you sign the petition yourself and appear on each date. The High Court has procedures for parties in person, and a help desk where litigants can ask about filing. Our guide on appearing in person without a lawyer sets out the practical issues.

If you cannot afford a lawyer, you may be entitled to one through legal aid. The Delhi High Court Legal Services Committee assigns panel lawyers to eligible people. The assigned lawyer still files a vakalatnama or appears on the strength of the appointment, depending on the case. Our guide on free legal aid for a Delhi High Court case explains who qualifies.

If you are going to a first meeting with a High Court lawyer, take your identity proof, the case papers and, for a company, the board resolution, so the vakalatnama can be signed then and there. If you would like advice on your papers, or updates on changes in the law and practice, contact Advocate B.K. Singh.