Power of Attorney Format
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 Powers of Attorney Act, 1888. 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 of 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.
Download Power of Attorney Format
You can also download the Power of Attorney format in the following formats.
Stamp Duty for Power of Attorney
If a General Power of Attorney is conferred to father, mother, brother, sister, wife, husband, son, daughter, grandson, granddaughter or any near relative, without any consideration, then Stamp Duty of Rs. 500/- is only applicable for registration. In case, General Power of Attorney is conferred to a person other than close relative and/or for consideration, then stamp duty is payable as per the market value of the property or the consideration, whichever is higher.
In addition to the stamp duty, a registration fee of Rs.100 is applicable if the Power of Attorney is conferred without consideration in the name of father, mother, brother, sister, wife, husband, son, daughter, grandson or granddaughter or a near relative. In any other case, registration fee is payable at the rate of Rs.10/- per Rs. 1000/- with a minimum of Rs. 100/- and maximum fee of Rs. 30,000/- on the market value of property or consideration, whichever is higher.
Stamp Duty payable for Special Power of Attorney is Rs. 100/-.
Note: The stamp duty for power of attorney would vary based on the State and powers conferred in the Power of Attorney. Hence, its best to consult a Lawyer while executing a Power of Attorney.
General Power of Attorney vs Special Power of Attorney
In a general Power of Attorney, the executor of Power of Attorney (Principal) authorizes the Power of Attorney holder to perform any nature of activity in the context of his immovable and movable property in his name and on his behalf. In a Special Power of Attorney, the Principal authorizes someone to perform limited activities on his/her behalf or confers limited rights.
General Power of Attorney Format
To All to Whom these presents shall come, I <Name of Person Giving Power of Attorney>, Son/Daughter of <Father’s Name>, aged <Age in Years>, residing at <Address>
Whereas I am desirous of appointing some fit and proper person to look after all my immovable properties, business and other affairs and requested <Name of Person Receiving Powers>, Son/Daughter of <Father’s Name>, aged <Age in Years>, residing at <Address> (hereinafter called ‘the Attorney’) to act for me and manage and look after my affairs which the Attorney has consented to do
NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I, the said and do hereby appoint the said Attorney as my true and lawful Attorney with full power and authority to do and execute all acts, deeds, and things as hereinafter mentioned.
- To contract with any person for leasing for such period at such rent subject to such conditions as the attorney shall see fit, all or any of the said premises and any such person, to let into possession thereof and to accept surrenders of leases and for that purpose to make and execute any lease or grant or other lawful deed or instrument whatsoever which shall be necessary or proper in that behalf.
- To pay or allow all taxes, rates, assessments, charges. deductions, expenses and all other payments and outgoings whatsoever due and payable or to become due and payable for or on account of my said lands, estates and premises.
- To enter into and upon my lands and buildings and structures whatsoever and to view the state and defects for the reparation thereof and forthwith to give proper notices and directions for repairing the same and to let manage and Improve the same to the best advantage and to make or repair drains and roads thereon.
- To sell (either by public auction or private treaty) or exchange and convey transfer and assign any of my lands and buildings and other property for such consideration and subject to such covenants as the Attorney may think fit and to give receipts for all or any part of the purchase or other consideration money And the same or any of them with like power, to mortgage charge or encumber and also to deal with my immovable personal property or any part thereof as the Attorney may think fit for the purpose of paying off reducing consolidating, or making substitution for any existing or future mortgage. charge, encumbrance. hypothecation or pledge of the same or any part thereof as the Attorney shall think fit and in general to sanction any scheme for dealing with mortgages, charges hypothecations or pledges of any property or any part thereof as fully and effectually as I myself could have done.
- To purchase, take on lease or otherwise acquire such lands, houses, tenements and immovable property generally as the Attorney may think fit or desirable.
- To enter into any development agreement with any developer or builder authorising him to develop any of my properties as mentioned above and to do and execute all acts and deeds as may be required to be done or executed.
- To continue and or to open new, current and or overdraft accounts in my name with any Banks or Bankers and also to draw cheques and otherwise to operate upon any such accounts.
- To engage, employ and dismiss any agents, clerks, servants or other persons in and about the performance of the purposes of these presents as the Attorney shall think fit.
- To settle any account or reckoning whatsoever wherein I now am or at any time hereafter shall be in anywise interested or concerned with any person whomsoever and to pay or receive the balance thereof as the case may require.
- To defend any suit or legal proceedings taken against me in any court of law and to do all acts and things as are mentioned above.
- To accept service of any writ of summons or other legal processes or notice in any suit or legal proceedings and any person to represent in such court civil or criminal, or revenue court or tribunal or before any officer or other Tribunal whatsoever.
- To exercise any power and any duty vested in me whether solely or jointly with another or others as executor, administrator, trustee or in any other fiduciary capacity (including powers and trusts to sell or lease land or to receive and give good receipts for money) so far as such power or duty is capable of being validity delegated.
- And also to appear before the Registrar or Sub – Registrar of any District or Sub-District appointed or to be appointed under any Act or law for the time being in force or otherwise for the registration of deeds, assurances, contracts or other Instruments and then and there or at any time thereafter to present and register or cause to be registered any deeds, assurances. contracts or other instruments In which 1 am or may be by the Attorney deemed to be Interested and to pay such fees as shall be necessary for the registration.
- To enter into, make, sign, seal, execute, deliver, acknowledge, perform all engagements, contracts, agreements, deeds, declarations, bonds, assurances and other documents, papers, writings and things that may be necessary or proper to be entered into, made signed, executed, delivered, acknowledged and performed for any of the purposes of these presents or to or in which I am or may be party or in any way Interested.
- In general to do all other acts, deeds. Matters and things whatsoever in or about my estate, property and affairs or concur with persons jointly Interested with myself therein in doing all acts, deeds, matters and things herein either particularly or generally described as amply and effectually to all Intents and purpose as I could do in my own proper person if these presents had not been made.
AND I, the abovenamed do hereby undertake to ratify whatever the Attorney or any substitute or agent appointed by him under the power In that behalf hereinbefore contained may lawfully do or cause to be done in and by virtue of these presents.
IN WITNESS WHEREOF I, the abovenamed have hereunto set my hand this <Day> day of <Date> in the <Month, Year>.
Signed, scaled and delivered in the presence of <Witness Details>
Note: The power of attorney clauses would be modified based on the requirements of the Principal and Attorney.