Power Of Attorney Registration
Power of Attorney (POA) is a legal instrument through which a person gives the authority to another person to act or represent him/her on his behalf for specific purposes. Section 1A of the Power of Attorney Act 1882 defines Power of Attorney as “any instrument empowering a specified person to act for and in the name of the person executing it.”
The person who gives the power of attorney is the Principal or Donor. The person to whom the power of attorney is given is the Attorney Holder.
Power of Attorney contains the following:
- ID proofs of the Principal and the Attorney Holder.
- Date and location of execution.
- Clear definition of the powers that the Principal wishes to grant to the Attorney Holder.
- Reasons for granting Power of Attorney.
- Authentication or registration of the Power of Attorney.
Pre-requisites of Power of Attorney registration:
- Draft of original Power of Attorney.
- ID proofs of the Principal and the Attorney Holder.
- Passport size photos of both parties.
- Two witnesses, along with their ID proofs.
- For property-related POA, proof of property is required, such as electricity bill, etc.
Procedure for creating and registering a Power of Attorney
- Contact a lawyer. Discuss about your intention to grant Power of Attorney.
- The lawyer will draft the Power of Attorney.
- Pay the stamp duty, which differs in case you are granting POA to parents/children/siblings/spouse/grandchildren or any other close relative and in case you are granting POA to a person other than a relative. Seek legal guidance in this regard.
- Visit the office of the sub-registrar for POA registration.
- Pay a fee for registration. This also varies as per the case. Your lawyer will guide in this regard.
- The two witnesses will sign in the presence of sub-registrar.
- Registration of POA is done and delivered.
Benefits to choose service
It is important to hire a lawyer while drafting and registering Power of Attorney. Online Legal Center provides qualified lawyers for the same. They will guide you in each step of the registration process so that the process is done properly with no omissions or errors.
Frequently Asked Questions (FAQs)
General Power of Attorney (GPA) is a legal instrument in which the attorney holder gets authority in all matters of the concerning business or property or other. This type of POA, in a sense, grants complete power to execute things or you may say unlimited powers.
On the other hand, Special Power of Attorney (SPA) is a legal instrument in which the attorney holder gets authority to do only the specified acts on the behalf of the Principal. In other words, this type of POA confers only limited powers.
Section 85 of the Indian Evidence Act states that “The Court shall presume that every document purporting to be a power of attorney and to have been executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate [Indian] Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”
Authentication does not merely indicate attestation; it implies that the person who has authenticated the POA assures himself of the identity of the Principal who has signed the POA and the fact of execution.
If an NRI wants to grant POA to somebody in India, he or she authenticate the legal instrument before an Indian Consulate in his/her country of residence.
Yes. You must draft a Revocation Deed and register it at the same office of the sub-registrar where you registered the POA. Your lawyer will help you in this regard.
A POA can be revoked in case the Principal finds that the Attorney Holder has acted beyond the powers granted to him/her or in case the Attorney Holder has passed away or become mentally unstable or in case the purpose of granting POA is over. However, irrevocable POAs also exist.