Who Is Poa Attorney ?
- Lead india
- Oct 4, 2023
- 4 min read
A power of attorney is the type of legal instrument or arrangement which would allow a person to act on the behalf of another. Governed under the Power of Attorney Act, 1882, Section 1A of the ACT, provides that a power of attorney affidavit empowers a specified person to act for and in the name of the person executing it.
As has been provided under Section 2 (21) of the Indian Stamp Act, 1899, Power-of-attorney would empower a specified person to act for and in the name of the person executing it.
Generally, POA power is given for property matters, however a person could also be entrusted to perform some other responsibilities as well, which have been discussed below. A POA is an authority which is given by a person or grantor or a principal to an agent or agents. A POA holder will be an agent as per Section 182 of the Indian Contract Act, 1872.
Types Of Power Of Attorney-
There are two types of power of attorneys in India- General Power of Attorney and Special Power of Attorney.
General Power of Attorney: is a legal document which would allow the principal to authorise another person to act on his or her behalf for various issues. It is typically used for a wide range of activities such as for managing property, signing legal documents, as well as conducting business transactions.
Special Power of Attorney: is a more specific legal document which shall grant the attorney or agent specific powers and authority to act on the behalf of the principal. This POA will typically be used for some specific tasks such as signing legal documents, managing property or representing the principal in court.
It is important to understand that both the above mentioned power of attorneys are revocable, i.e. these POA could be cancelled or changed at any time.
Durable Power of Attorney: it would remain in effect even when the principal becomes incapacitated or unable to make decisions on his own.
Medical Power of Attorney: is a legal document which would allow an individual to authorise another person to make medical decisions on his or her behalf in case they have become incapacitated.
Limited Power of Attorney: grants the attorney some specific powers or authority to act on the behalf of the principal for some limited time period or for a specific purpose.
NRI Power of Attorney: can be used by Non-Resident Indians (NRIs) to authorise another person to handle their legal and financial matters in India in their absence.
Important Points to be Included in a Power Of Attorney
The name, age, address and occupation of the principal.
The person in whose favour the POA is granted, the agent or Attorney.
The reason for granting the power of Attorney.
The date and place of making the Power of Attorney
The date on which the power of Attorney would be terminated in case it is limited by time. When no time has been specified, it has to be mentioned if the POA is durable or non-durable.
For a general POA, all such acts and areas where the power has been granted or such acts which are not to be performed by the agent, are to be mentioned specifically.
In case of a Special Power of Attorney, a specific or particular act or task which needs to be done and completed by the Attorney must be clearly mentioned. Also, the time limit under which such act is to be done is also to be specified.
How to register a Power of Attorney?
Registering a power of attorney in India involves several steps and it is important to ensure that all legal requirements are fulfilled-
Choose an Attorney: The first important step would be to select the person who would act as your attorney or agent. This individual must be trustworthy and be able to carry out the tasks mentioned in the power of attorney.
Draft the document: Ater appointing the appropriate attorney, you would have to draft the power of attorney document. It must include following details including the name and address of the principal, the name and address of the attorney or agent, the powers or authority which are being granted, the date of the power of attorney as well as the signature of the principal.
Notarization: The POA document would have to be then be notarized by a Notary Public.
Witness: The power of attorney would have to be signed by two witnesses. The witnesses must not be related to either the principal or the attorney.
Registration: The power of attorney document would have to be registered with the Sub-Registrar of Assurances in the area where the property is located. It is important that the power of attorney is registered, as unregistered power of attorney will be invalid. Also, it is important to keep a copy of the registered POA.
Conclusion
As can be understood from the above discussion, a POA is transferred in cases where the principal is not able to perform certain functions. Transferring a POA is an important step and should be done with watertight documents. As most of the POA are made for matters related to property, it is advised for matters related to real estate power of attorney, you contact a poa attorney.
Lead India offers you a team of experienced advocates who have been successfully assisting the clients for preparing different legal documents such as power of attorneys, will, etc. Therefore, if you wish to talk to a lawyer or seek free legal advice, you may contact us.
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