Power Of Attorney

Power of Attorney (POA) is a document executed by one or more person giving an authority to a person or persons to act on his/her behalf. Power Of Attorneys are governed by The Powers of Attorney Act, 1882. POA is an important legal document and must be drafted by an experienced Lawyer.

Creating a Power Of Attorney

Power of Attorney has been defined as an instrument empower a specified person to act for and in the name of the person executing it. POA can be general or special. Powers conferred upon the Attorney-holder of one particular matter and not in general referring to whole business is called as a special Power Of Attorney. Hence, while creating a POA, one has to decide whether he/she wants to confer power in general or restrict it to something particular.

Registration of Power Of Attorney

Registration of Power of Attorney is not required. However, in case the POA creates an interest in any immovable property, then the Power of Attorney must be executed before and authenticated by a Magistrate. Power Of Attorney creating interest in a property can also be authenticated before a Registrar or Sub-Registrar within whose district or sub-district the principal resides. In case of a person residing outside or India or NRI, POA can be authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Counsel or via Counsel or a representative of the Central Government.

Revoking Power Of Attorney

Power of Attorney can be revoked by the person executing it at anytime. However, if a POA is a part of security for any debt, it is irrevocable, notwithstanding the death until the debt is repaid. Also, a POA authenticated before a Registrar can be revoked only by an application on a paper without any court fee. In case of Power Of Attorney that is registered, then it can be revoked only by executing a deed of cancellation.

Any act of a Power Of Attorney holder, even if it is unauthorised when the act was done, can be subsequently ratified by the Principal by executing a document for ratification.

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Frequently Asked Questions

Common questions about Power of Attorney Legal Document.

A Power of Attorney is a legal document that grants authority to a person (the Attorney-holder) to act on behalf of another person (the Principal) in certain matters. It allows the Attorney-holder to make decisions and take actions on the Principal's behalf as specified in the POA.

Registration of a Power of Attorney is not mandatory in most cases. However, if the POA creates an interest in any immovable property (such as real estate), then it must be executed before and authenticated by a Magistrate, Registrar, or Sub-Registrar, depending on the jurisdiction.

Yes, a Power of Attorney can be revoked by the Principal (the person who executed it) at any time. However, if the POA is part of security for a debt, it becomes irrevocable until the debt is repaid.

If the Power of Attorney is registered, it can be revoked by executing a deed of cancellation. If it is authenticated before a Registrar, it can be revoked by submitting an application without any court fee.

Yes, any act of a Power of Attorney holder, even if it is unauthorized when the act was done, can be subsequently ratified by the Principal by executing a document for ratification.

A general Power of Attorney confers broad powers to the Attorney-holder to act on behalf of the Principal in various matters. A special Power of Attorney, on the other hand, limits the Attorney-holder's authority to a specific matter or set of matters.

For NRIs or persons residing outside India, a Power of Attorney can be authenticated by a Notary Public, any Court, Judge, Magistrate, Indian Consul, or a representative of the Central Government.

Yes, a Power of Attorney can be executed by one or more persons (Principals) giving authority to one or more persons (Attorney-holders) to act on their behalf.

Power of Attorneys in India are governed by The Powers of Attorney Act, 1882.

A Power of Attorney is an important legal document, and it is crucial to have it drafted by an experienced lawyer to ensure that it is legally valid, accurately reflects the Principal's intentions, and complies with all relevant laws and regulations.