B.A.LL.B. VIII SEMESTER
SUBJECT: DRAFTING OF PLEADING & CONVEYANCING
CODE: BL-805
Topic: Power of Attorney
Power of Attorney:- Power of Attorney is a legal document executed by one
or more persons giving an authority to one or more persons to act on his or her
behalf. Power of Attorney is governed by the Power of Attorney Act, 1882. The
person giving authority is called the Attorney of the party giving the authority.
The person receiving powers is called Power of Attorney holder. Normally,
there is no requirement for registration for power – of – Attorney. However, if
the power of attorney creates an interest in any immovable property, then the
Power of Attorney must be registered. Power of Attorney can be authenticated
before a Registrar or Sub Registrar within whose District or Sub district the
principal resides and in case a Power of Attorney is executed outside of India, it
can be authenticated by a Notary Public or any court, judge, Magistrate, Indian
Counsel or via Counsel or a representative of the Central Government.
The person who delegates his powers to another is called the principal
or the grantor while the individual who is authorized is known as the agent.
The agent could be granted the power to buy a home, negotiate a business
deal or make cash withdrawals for his grantor.
An individual who has suddenly been affected by some form of mental
instability may decide to grant a special power of attorney which will give the
agent some limited powers to that will enable him to buy, sell or manage a
property in his capacity.
The Power of Attorney is an agreement signed by the parties which
authorizes an individual to act in the capacity of another on either general or
special capacity. A power of Attorney can either be limited or complete.
In a general Power of Attorney, the agent is authorized to make all the
decisions in the capacity of the grantor. If you are to stay away from the
country for a long time, you can authorize the agent to carry on with business
transactions , payment of staff, deals and management of your properties.
Under a general Power of Attorney , the agent is granted wide / unlimited
authority on all affairs that pertain to the obligations of the Principal.
, A special Power of Attorney is a document or an authorization that empower
the agent or the attorney in fact to act in the capacity of the grantor under
specific circumstances. In a special Power of Attorney , the powers that has
been granted will be executed in specific aspects as may be contained the
agreement.
In many instances, different persons may be granted the special power of
attorney and will be named by the grantor for their specific area of interest.
The following steps must be taken to ensure that your deed is legalized.
1 It must be made in a Stamp paper.
2 The signature of the grantor must appear at the bottom of all the pages of
the agreement.
3 The deed must ne signed by two witnesses.
4 If it is not involving an immovable property it can be notarized.
5 The document must be registered within the jurisdiction of its location and
only at the Sub-registrar’s office.
Can the Special Power of Attorney be Created by Residents in Another
Country to Get their Tasks Done in India:- If your place of domicile is outside
India but you have the intentions of granting special power of attorney to an
agent who is residing in India to perform some specific task on your behalf,
then you should take the following steps :-
1 Get the agreement drafted on a white and plain paper.
2 The draft should be attested by the Indian embassy in your country of
residence. Note that the deed should also be notarized there.
3 As the grantor, you will have to sign in all the pages of the document.
4 Get the attested copy of the agreement to someone residing in India via a
registered post.
5 The deed should be registered by the Indian recipient based on the rules of
registration in his area of residence.
SUBJECT: DRAFTING OF PLEADING & CONVEYANCING
CODE: BL-805
Topic: Power of Attorney
Power of Attorney:- Power of Attorney is a legal document executed by one
or more persons giving an authority to one or more persons to act on his or her
behalf. Power of Attorney is governed by the Power of Attorney Act, 1882. The
person giving authority is called the Attorney of the party giving the authority.
The person receiving powers is called Power of Attorney holder. Normally,
there is no requirement for registration for power – of – Attorney. However, if
the power of attorney creates an interest in any immovable property, then the
Power of Attorney must be registered. Power of Attorney can be authenticated
before a Registrar or Sub Registrar within whose District or Sub district the
principal resides and in case a Power of Attorney is executed outside of India, it
can be authenticated by a Notary Public or any court, judge, Magistrate, Indian
Counsel or via Counsel or a representative of the Central Government.
The person who delegates his powers to another is called the principal
or the grantor while the individual who is authorized is known as the agent.
The agent could be granted the power to buy a home, negotiate a business
deal or make cash withdrawals for his grantor.
An individual who has suddenly been affected by some form of mental
instability may decide to grant a special power of attorney which will give the
agent some limited powers to that will enable him to buy, sell or manage a
property in his capacity.
The Power of Attorney is an agreement signed by the parties which
authorizes an individual to act in the capacity of another on either general or
special capacity. A power of Attorney can either be limited or complete.
In a general Power of Attorney, the agent is authorized to make all the
decisions in the capacity of the grantor. If you are to stay away from the
country for a long time, you can authorize the agent to carry on with business
transactions , payment of staff, deals and management of your properties.
Under a general Power of Attorney , the agent is granted wide / unlimited
authority on all affairs that pertain to the obligations of the Principal.
, A special Power of Attorney is a document or an authorization that empower
the agent or the attorney in fact to act in the capacity of the grantor under
specific circumstances. In a special Power of Attorney , the powers that has
been granted will be executed in specific aspects as may be contained the
agreement.
In many instances, different persons may be granted the special power of
attorney and will be named by the grantor for their specific area of interest.
The following steps must be taken to ensure that your deed is legalized.
1 It must be made in a Stamp paper.
2 The signature of the grantor must appear at the bottom of all the pages of
the agreement.
3 The deed must ne signed by two witnesses.
4 If it is not involving an immovable property it can be notarized.
5 The document must be registered within the jurisdiction of its location and
only at the Sub-registrar’s office.
Can the Special Power of Attorney be Created by Residents in Another
Country to Get their Tasks Done in India:- If your place of domicile is outside
India but you have the intentions of granting special power of attorney to an
agent who is residing in India to perform some specific task on your behalf,
then you should take the following steps :-
1 Get the agreement drafted on a white and plain paper.
2 The draft should be attested by the Indian embassy in your country of
residence. Note that the deed should also be notarized there.
3 As the grantor, you will have to sign in all the pages of the document.
4 Get the attested copy of the agreement to someone residing in India via a
registered post.
5 The deed should be registered by the Indian recipient based on the rules of
registration in his area of residence.
