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Dhiraj Solanki   21 October 2024

Mandatory elements of general power of attorney

An individual residing abroad has few properties in India (couple of Flats, native land and house), however the individual does not fully know the details of his native ancestral properties. He only has the details of one of the Flat which is fully owned by him, in the other Flat he is just one of the legal heir. This individual due to his age and medical conditions will never be able to come to India.

The individual now wants to give absolute power to his son in India to manage all these properties, fully control them and for the purpose, the son should be able to prepare any legal documents such as Gift Deed, Sale Deed, appoint any further attorneys, hire advocates, file petitions in courts, apply for decree, court orders, enter in to settlement, compromise apply for testamentary documents like LOA/Legal heirship certificate, succession certificate and do all acts as if that individual would do himself if he was personally present in India. 

A General Power of Attorney which gives broad powers to his son can be prepared in this case, however the question is while drafting this GPA, should the full details of every property (i.e. the Flats, land, house) be included and mentioned in the GPA. As the individual does not know every details, descripttion of his few estates in India, it is therefore not possible to include them in GPA, only the ones which is known and remembered by him can be included in the GPA.


Therefore is it mandatory to include the details of each and every property in the GPA. Can we just not generalised the GPA to include anything owned/partly owned by that individual and to which the individual has a right, claim over it.

Will this kind of GPA if prepared without the descripttion of individual estates be rendered invalid and will not be accepted for Registration in India?

What are the essentials ingredients and mandatory elements to be incorporated while drafting POA in such cases.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     21 October 2024

If the GPA is given for the purpose of immovable property then the entire details of all the properties are to be mentioned in the deed.

If not then it will be valid only to the extent of the properties mentioned therein.


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