what is power of attorney in indian law

Full Answer

How long is power of attorney valid in India?

There is no expiration date on a general power of attorney unless otherwise specified. On the other hand, the special power of attorney is created to give an agent power to complete a specific job. The power of attorney ceases to apply once the transaction is completed.

Where to register power of attorney in India?

You are physically NOT present in India – NRI holding Indian passport

1. Create POA. Write down POA terms on an A4-size plain piece of paper. ...
2. Indian Embassy Attestation. Get the POA attested by the Indian Embassy/Consulate in your country of current residence.
3. Mail to India & Register in SDM office. Send consulate / Indian embassy signed or attested POA to India by postal mail. ...

How to give power of attorney from USA to India?

• Download the Miscellaneous Application form and fill it out, but do not sign it.
• The principal must be present at the designated consular counter to sign the PoA document at the consular office in the presence of consular staff.
• Your signature needs to match with that on your most recent and valid passport. ...

More items...

How to cancel a power of attorney in India?

How to cancel power of attorney in India The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar). After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.

What does power of attorney mean in India?

Power of attorney (POA) is a legal instrument that allows a person to appoint another person to manage your property (Power of attorney for property), legal, medical affairs, and/or finances on your behalf in your absence.

How long a power of attorney is valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

Who can be given power of attorney in India?

'Power Of Attorney' is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving 'Power Of Attorney' by two or more persons jointly to one or more persons.

Can you sell property in India with power of attorney?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

What is the new rules of power of attorney?

(a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court 5 [or District Court] within the local limits of whose jurisdiction the instrument may be.

How much does it cost for power of attorney in India?

Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.

Can I sell my parents house without power of attorney?

The LPA must be registered with the Office of the Public Guardian before it can be used. If your mother does not have a valid LPA or Enduring Power of Attorney (EPA), a deputy needs to be appointed before her house can be sold. A deputy is a person or body appointed by the Court of Protection.

Who can execute power of attorney?

It has to be executed in the presence of certain designated officers - notary public, a court, consul or vice consul, or a representative of the Central Government. These documents need to be stamped within three months from the date of receipt in India.

Does power of attorney means ownership of property?

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench had said. As a result of the order, a majority of states banned the use of PoA in property transactions but it is still being rampantly used by conmen to cheat credulous buyers.

Can a power of attorney be challenged?

If anyone believes that an attorney is not acting in the best interests of the donor or potentially abusing their position and they wish to challenge the attorney on their appointment or on specific actions that they have taken then they can report this to the Office of Public Guardian, which oversees these roles.

Can power of attorney be Cancelled?

The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.

Can PoA holder receive money?

An NRI seller can authorise a PoA holder to accept payment on his behalf but cannot authorise payment to the PoA holder. Even if the NRI seller authorises the PoA holder to receive direct payment, the buyer should avoid such property transactions. It may land the buyer in tax trouble.

How long is the validity of POA?

A standard power of attorney gives the agent the authority to act on behalf of the principal in everyday legal and financial matters. The standard power of attorney expires when the principal dies, becomes incapacitated, or revokes the power of attorney in writing.

How do I check if a power of attorney is valid in India?

Search in the office of the Registering Authority where the POA was registered, to verify the authenticity of the POA. Payment be made by cheque executing a registered deed of Agreement to Sell.

What is the limitation of power of attorney?

Limitation of power of attorney At any moment, the POA cannot delegate authority to another Agent. After the Principal's death, the POA is no longer able to make legal or financial decisions, and the Executor of the Estate assumes control.

What is the life of a general power of attorney?

General Power of Attorney (GPA) remains valid till the life of principal or attorney, within they lifetime, one can revoke the GPA at anytime. GPA can be executed with duration validity, For example: for a period of 1 year, 5 year or till the specific transaction or legal task of which GPA was executed.

Who authenticates power of attorney in India?

2. In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution). 3. In other areas, attestation should be by a Notary or diplomatic agents.

What is a power of attorney?

A "power of attorney" is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative, and to make binding legal and financial decisions on your behalf. Defining A Power Of Attorney.

What is the general rule of power of attorney?

1. The general rule of power of attorney is that it should be strictly construed. 2. Unless an express power is conferred on an agent to enter into contracts of guarantees on behalf of his principal or to execute or negotiate , negotiable instruments for his principal jointly with others.

Why is it important to have a power of attorney?

Because of human being became busier, it became more necessary for him to depend on others for getting his things done. The hectic activities of the businessmen and industrialists have made the execution of power of attorney for delegating his functions. A "power of attorney" is a legal instrument whereby one person gives another person ...

What is the main concern of Indian philosophy?

While the main concern of Indian philosophy is to analyse the fundamental concepts of ethics, religion, epistemology and metaphysics, its ultimate concern is the social well-being of individuals.

How to decide whether a given power is coupled with interest or not regards?

To decide whether a given power is coupled with interest or not regards are to be given to the facts of each case and the wordings of the instrument itself. The right of an agent to remuneration though stipulated in the form of property to be produced by exercise of power is not an interest in the required sense.

When is a power of attorney effective?

The Power of Attorney can be effective immediately upon signing or only upon disability.

What is a special power of attorney?

A Special Power of Attorney (SPA) is one by which authority is given to do some particular specified act. This POA type confers limited powers & should be the first choice, if circumstances allow.

What are the different types of powers of attorney?

There are two kinds of Power of Attorney: 1 A General Power of Attorney (GPA) is one by which authority is given to act for the executor in all matters, or in all matters of particular nature, or concerning a particular business. This POA type confers sweeping & sometimes unlimited powers. 2 A Special Power of Attorney (SPA) is one by which authority is given to do some particular specified act. This POA type confers limited powers & should be the first choice, if circumstances allow.

What is a POA?

The Power of Attorney Act 1882 1A -Definition. A Power of attorney is a formal instrument by which one person empowers another to represent him or act in his stead for certain purposes. The Power of Attorney Act 1882 1A -Definition - In this Act, “Power of Attorney” (POA) includes any instrument empowering specified person to act for and in ...

How many types of power of attorney are there?

There are two kinds of Power of Attorney:

Can a notary public register a POA?

An authentication by a Notary Public is sufficient for a Power of Attorney not giving authority to register a document. However if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered.

Why an Indian Power of Attorney?

Usually, an Indian power of attorney may be needed by an NRI who cannot carry out certain tasks or transactions in person by themselves due to different reasons. One may need an Indian power of attorney because they are:

What is property law?

Property matters such as selling, buying or managing a property; To conduct civil litigation such as managing and settle disputes in the court of law; Perform the acts as required by banks, insurance companies and enter into contracts, deal with bonds, etc.; Company related or commercial matters.

Can senior citizens travel to India?

required to travel several times to India to perform a certain task; suffering due to ill health and/or a disability; old age or senior citizens who may or cannot travel to India; unable to travel due to a travel restriction.

What is the Power of Attorney (POA)?

A Power of Attorney is a legal document that gives an individual (agent) the power to manage the legal and even some personal decisions for the other individual (principal). The agent can have the powers to make broad legal decisions or these can even be limited, according to the will of the principal. They usually appoint the Power of Attorney when the individual themselves cannot be present to sign their documents. It is a very important decision, and the individual must make it with utmost care.

Why is it important to have a power of attorney?

Just as much it is important for the individual to plan their budget, it is equally important to hand over their property and assets to the right person for their future. While making the investments, the individual thinks about their financial future, but what about the personal well-being? The Power of Attorney format can do this.

What happens to a power of attorney if you are mentally unstable?

However, if the individual becomes mentally unstable or faces some health issues, the agent will still hold the Power of Attorney according to the specified period. Healthcare Power of Attorney: Under this, the agent gets the authorization to make medical decisions on behalf of the individual.

What is limited power of attorney?

It gives a generalized authority to the individual. Limited Power of Attorney: Under this, the rights of the agent to make decisions are limited. Moreover, the individual can decide the list of rights and decisions which the agent can act on behalf of. Additionally, this usually limits the list to just a specific number of things and legal tasks.

Can a power of attorney make all decisions?

The agent appointed under the Power of Attorney format may or may not make all the decisions on the individual’s behalf. It may limit some of them to making just certain decisions as mentioned in the Power of Attorney forms. Moreover, Signing the Power of Attorney format for authorized signatory is equivalent to signing a blank cheque ...

Can a family member sign a POA?

Similarly, it is provided to a trusted family member. One can provide the POA to over one member as well. Additionally, one must follow the right format along with all the details to avoid any future consequences.

Can you check the power of attorney PDF?

Additionally, you can check the Power of Attorney format PDF through the web, and one must mandatorily mention all the rights in POA.

What is a power of attorney?

The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1-A and Section 2 of the Powers of Attorney Act, 1882).

Who executes a power of attorney?

A deed of power of attorney is executed by the principal in favour of the agent. The agent derives a right to use his name and all acts, deeds and things done by him and subject to the limitations contained in the said deed, the same shall be read as if done by the donor.

What does an agent do on behalf of the principal?

An agent, therefore, always acts on behalf of the principal and exercises only those powers, which are given to him in the power of attorney by the principal. Any act or thing done by the agent on the strength of power of attorney is, therefore, never construed or/and treated to have been done by the agent in his personal capacity so as ...

Can an attorney-holder execute a deed of conveyance?

Any act of infidelity or breach of trust is a matter between the donor and the donee.”. An attorney-holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor.”.

Is a power of attorney effective in the name of the principal?

It is well settled therein that an agent acting under a power of attorney always acts, as a general rule, in the name of his principal. Any document executed or thing done by an agent on the strength of power of attorney is as effective as if executed or done in the name of principal, i.e., by the principal himself.

Can a donee use a power of attorney for his own benefit?

He cannot use the power of attorney for his own benefit. He acts in a fiduciary capacity.

What is the Power of Attorney?

In simple terms, the concept of Power of Attorney deals with a situation where the Principle appoints an attorney to legally represent him in case of his absence. The Power of Attorney Act, 1882 established in India to give a legal framework and guidance to the conduct of Power of Attorney and describes how to give power of attorney from USA for India for NRIs.

What is the cost of Power of Attorney for India from USA as an NRI?

The stamp duty billed for a Power of Attorney is Rs 100. For registration, the amount payable is also Rs 100. For a general power of attorney set to promoters and developers, the stamp duty applicable is Rs 1000 and registration fee is Rs 100. The total amount of registration of Power of Attorney should be around Rs. 2500 or 50$ inculcating Government charges and any miscellaneous lawyer fee.

Do I need a Power of Attorney?

A Power of Attorney is deemed to be a legal document by which one person assigns powers of transaction in matters concerning property, banking, legal and judicial transactions, tax payments, to other person due to certain motives like being out of country, or getting old, or not able to attend one’s duties in those matters.

What is the difference between General and Specific Power of Attorney for NRI?

Under General Power of Attorney for NRI, the agent can execute almost any act as the principal, like opening financial accounts and managing personal finances. The General Power of Attorney for NRI consists of a wide range of powers and is not confined to any particular work. Hence, it needs to be appointed only to a very trustworthy person. This arrangement is terminated once the principal becomes incapacitated, annuls the power of attorney or passes away. A person can permit the Attorney to sell, buy, rent out, recover his debts, open bank accounts, close accounts, attend the courts, appear on behalf of the principal in legal matters or file tax returns etc in the General Powers.

What is the General Power of Attorney format for NRI?

Here is the general power of attorney format for NRI. In case you have any trouble, get in touch with our panel of best NRI lawyers to draft a Power of Attorney online.

Is a specific power of attorney work specific?

The Specific power finishes once the task or specific act is done. Therefore, it is work specific only. Also, under this one cannot assign a Specific Power of Attorney for many acts. In that case you have to establish separate Specific Power of Attorney deeds for each act.

Can Power of Attorney be used to sell/purchase property in India by an NRI?

In 2011, the Supreme Court (SC) held that transferring property title through General Power of Attorney is not legally binding.

What is a power of attorney?

Power of Attorney is a legal document/instrument that is used to give an individual known as an Agent/Donee authority by the person known as a Principal/Donor to do certain acts such as buying property and managing legal decisions on Principal/Donor’s behalf. The power granted to the agents can be either broad while dealing with legal decisions ...

What is POA authority?

The authority given to agents for any transaction related to the sale or rent of any property of principal has to be done according to the instruction written in the deed of POA. In general, all the POA executed by the person later dead (deceased person) in favour of his/her agent is invalid.

What is a POA?

The term Power of Attorney (POA) usually comes into play, when an individual has a chaotic or busy life and he/she is unable to take out time to manage their property for buying or selling and even plan their financial affairs. In such a situation the individual has a right under the law to hand over their property and assets to his/her family ...

Can a POA be authenticated?

It is advisable to get a draft prepared by a legal expert. The POA draft along with stamp paper should be authenticated by the Sub-Registrar. However, in some areas draft is attested by a Notary. The sub-registrar office fixed the date for the registration of the Power of attorney instrument.

Is it hard to register a power of attorney?

The drafting and registration of Power of attorney can be difficult for common people. Therefore, Lawtendo provides you with one of the best services to address all the issues by connecting you with a lawyer who can provide you with expert advice.