R. Brizmohan Singh
(Practising Lawyer)
13 March 2008
Hi Chandu,
Power of Attorney is of two kinds viz Not coupled with interest and the other Coupled with interest. The later is dealt with by Sec. 202 of The Indian Contract Act. Agency coupled with interest cannot be revoked but the other can be revoked but not unless prior notice is given to the Agent. Registering a Power of Attorney is a good idea if power to dispose off the subject property is also incorporated for which it is sine qua non that possession also must be handed over. In the State of Andhra Pradesh, if possession is handed over by virtue of a Power of Attorney, it calls for payment of 5% of Stamp Duty at the time of registration. I do not know about the other States. Kindly verify. Also, note that giving of Power of Attorney will put your friend's interest in jeopardy to the extent of his share to which he may not be so willing.