Power of Attorney

INTRODUCTION

A Power of Attorney is a document that delegates power from an individual to their attorney or agent. In many situations wherein a person is unable to act by themselves and execute their duties, due to various reasons, such being abroad,  old, ill etc., they tend to delegate such responsibility on to third party. A Power of Attorney is a legal document that enforces such delegation.

PROCESS

It is mandatory to register a Power of attorney, if it is drawn for the purpose of dealing with an immovable property

1. 1. The process begins with payment of stamp duty, which could be done online using the respective states’ treasury website.
   2. Upon payment, an appointment needs to be taken with the Sub-Registrar’s office
   3. Visit the Sub-Registrar’s office, along with two witnesses, and attest the POA in presence of such officer.

    

   Types of Power of Attorneys

   The type of Power of Attorney varies from situation to situation. There are three broad types of Power of Attorneys, and they are classified on the basis of the scope of power they delegate and the purpose for such power may be used. The three types are:

   1. General Power of Attorney: a general power of attorney is one with the widest ambit. A person can delegate to his agent a complete general right or power to act lawfully and transact with on his behalf with respect to his property, bank account, tax payments, registration work, legal work etc. As a general power of attorney grants unrestricted followed it is considered to be of high risk and is always advisable to be issued towards trustworthy person.
   2. Special power of attorney: a special power of attorney, as the name might suggest, is one in which a person delegates power to his agent to perform a specific or a particular task. Such power of attorney terminates automatically upon the completion of the desired task.
   3. Durable or non-durable power of attorney: a durable power of attorney is one which continues to have effect even after the death of the principle. In order to have a durable power of attorney specific mention to this effect has to be made in the deed itself. All power of attorneys is by default non-durable, i.e., theycease to have effect upon the death of the principle.

ADVANTAGES / FEATURES

1. It would allow performance of tasks on behalf of the individual who is unable to do so
2. Delegation of power to perform to an expert, would reduce margin of error. For eg. Delegating legal work to a lawyer using POA.
3. Important Clauses in a Power of Attorney

1. Identification of the principle and the agent or attorney
2. Names and signatures of two witnesses
3. Age and addresses of both parties
4. The purpose, extent, and duration of the Power of Attorney

DOCUMENTS REQUIRED

1. Identification proof for both parties such as Aadhaar Card, Voter ID card, Driving License, etc.
2. Address Proof of Parties.
3. Passport Size Photographs of Parties.
4. Electricity Bill or Tax Receipt of the Property (if POA is related to some property)

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