FAQs on Power of Attorney

POWER OF ATTORNEY
THE POWERS-OF-ATTORNEY ACT, 1882
ACT NO. 7 OF 1882
[24th February, 1882.]

Section 33 of the Registration Act, 1908
33. Power-of-attorney recognizable for purposes of section 32.

1. What is meant by Power of Attorney?

Power of Attorney is a document executed by a person appointing another person as his agent to undertake transactions relating to his properties or his personal affairs in his name and on his behalf.

2. What are the different types of Power of Attorney?

1. General Power of Attorney
2. Special Power of Attorney

3. What is meant by General Power of Attorney?

It deals not only with a specific transaction but other transactions also.

4. What is meant by Special Power of Attorney?

It deals with a specified transaction.

5. Whether Power of Attorney can be cancelled?

The executant of Power of Attorney is entitled to cancel it. When it is coupled with interest, it cannot be cancelled unilaterally.

6. If the executant of Power of Attorney dies, whether the agent can continue the transactions?

If the executant of Power of Attorney dies, it gets cancelled automatically. The agent cannot carry out any transactions after the death of the executant.

7. Can an agent delegate his Power of Attorney to others?

No. It is not transferable.

8. What are the prescribed fees and stamp on a G.P.A given for carrying outsale transactions?

The Stamp duty and registration fees vary from one State to another State.

9. What are the papers required to be enclosed to the documents for registration on the basis of Power of Attorney?

An affidavit declaring that the power of attorney is in force and that the principal isalive and Sec. 32-A Form consisting of the photograph of the principal and his thumb impression are required to be filed along with documents to be registered on the basis of Power of Attorney.

10. What is meant by Attested Power?

An "Attested Power" means a power of attorney executed before and authenticated by

i. A Sub-Registrar or Registrar, in whose sub-district or district the principal resides if he is residing in India;

ii. A Notary, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of Central Government, if the principal is not residing in India;

iii. A Magistrate, if the principal is residing in Jammu-Kashmir or in any other part of India, to which the Registration Act is not applicable.

Generally, the "Attested Power" is employed by a person, who has executed some document(s) but unable to appear before the registering officer concerned for its presentation for registration or admission of execution etc. By this power he authorizes the agent to do so.

11. Whether a person staying abroad can authorize an agent to manage the affairs of his property? If so, what is the procedure prescribed thereto?

A person staying abroad is required to sign the Power of Attorney before a Public Notary and get it attested by him.

12. Whether registration can be allowed based on the power given in the method detailed at Point No.11 supra?

Registration cannot be allowed, unless the power is got duly stamped within 90 days from the date of its receipt in India.

13. Specify in the Power of Attorney document what powers are given to the agent and when those powers are to take effect.

• the power to make gifts of money or other property;
• the power to change the community property agreement; and
• Some powers cannot be given to an agent. Those include:
• the power to vote in public elections; andthe power to make or alter a Will.

14. When does a Power of Attorney take effect and how long does it last?

A Power of Attorney can be written to take effect immediately upon signing or to take effect at some time in the future. The Power of Attorney ends when the Principal die.

15. Are there risks involved in giving someone a Power of Attorney?

Yes. With a Power of Attorney, an agent is often entrusted with important decisions, and the agent may have access to some or all the property. If the agent is not trustworthy, serious problems can result. For example, if the agent is dishonest and runs away with the money, it may be difficult or impossible to get the money back. It is obviously important to choose a trustworthy agent. You should also consider carefully which powers to give the agent.

16. Can the principal continue to act independently after giving a Power of Attorney?

Yes. Giving someone a Power of Attorney does not prevent the principal from making decisions or conducting business.

17. Can Powers of Attorney be given to more than one agent at the same time?

Yes. Give Powers of Attorney to two or more people at the same time, and if one of the agent dies the POA will automatically be cancelled.

But before giving Powers of Attorney to more than one person at the same time, it is worth considering whether confusion or conflict is likely to result. It is probably wise to discuss the potential advantages and disadvantages (and ways to address the disadvantages) with a lawyer before giving Powers of Attorney to more than one person.

18. Must a Power of Attorney be notarized or recorded?

In some times it is to give an agent the power to sell land, or to transfer or encumber title to land in some other way, the Power of Attorney must be signed in front of a notary, who must note that the principal signed it voluntarily for the purposes mentioned in it.

If no land is going to be dealt with, it is not legally necessary to sign a Power of Attorney in front of a notary or to have it recorded, but notarization may still be wise. Some institutions or individuals may doubt the validity of a Power of Attorney that has not been notarized and may refuse to honor it.

19. Can a Power of Attorney be cancelled?

Yes. This is called revoking the Power of Attorney. To revoke a Power of Attorney, the principal should give a signed written notice to the agent and, if possible, to anyone who has been relying on the Power of Attorney.

N.B.: For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely,

(a) if the principal at the time of executing the power-of-attorney resides in any part of in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid in any part of India in which this Act is not in force, "resides in any other part of the States" a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in [India] a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, [Indian] Consul or Vice-Consul, or representative.

Provided that the following persons shall not be required to attend at any registration office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely,

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;(ii)persons who are in jail under civil or criminal process; and(iii)persons exempt by law from personal appearance in Court.