Power of Attorney

A Power of Attorney is a legal document giving the agent or lawyer of a person the power to act on behalf of him/her. A Power of Attorney gives the agent/lawyer the right to take legal decisions relating to the matters listed in the document. These matters may include management of property, finances, business decisions, etc. 

A Power of Attorney can be made in case the lawyer needs to represent the person in the court or in case the person is incapable of taking their legal decisions due to some illness or disability. A power of attorney allows the lawyer to take a decision on behalf of someone when it is signed by the grantor stating that the lawyer is authorised to take legally binding decisions in a relevant matter. There are generally 2 kinds of power of attorney- General Power of Attorney (GPA) and Special Power of Attorney (SPA).

Draft Power Of Attorney Online
At INR 2999

What You'll Get In The Package

Inclusion

  • 20 Minutes consultation with the lawyer.
  • Drafting & Registration of General/Special POA.

Exclusion

  • Post-registration work.

Documents required for drafting Power of Attorney

  • ID Proof like Aadhar card, Voter ID card, driving license, passport, etc.
  • Address Proof like Aadhar card, driving license, passport, etc.
  • Information relevant for drafting of POA.
  • ID proof of witnesses.

Process of drafting Power of Attorney

The Power of Attorney is prepared by the lawyer and the stamp duty is paid for its execution (in case of property matters). The lawyer/notary then attests the Power of Attorney. The Power of Attorney is then registered in the office of Sub-Registrar after paying the requisite registration fee. After registration, the General Power of Attorney or Special Power of Attorney can be collected.

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FAQs

What is a General Power of Attorney?
A General Power of Attorney has a very wide scope and can be registered for matters relating to property, banking, legal disputes, court matters, taxation, etc.
What is a Special Power of Attorney?
A Special Power of Attorney is drafted to allow the lawyer to do some specific or a single task like filing a Trademark application file tax return, register Sale Deed, etc.
Are General and Special Power of Attorney different?
A General Power of Attorney confers general powers to the agent/ lawyer regarding management, execution, litigation, etc. in a matter. However, a Special Power of Attorney confers specific powers to the agent/lawyer for the performance of a specific or single task.
Which law governs grant of Power of Attorney in India?
The Power of Attorney Act, 1882 governs the grant of POAs in India.
For how long is a POA valid?
A General Power of Attorney is valid unless it is expressly revoked through a revocation deed or till the death of the executor. A special power of attorney is valid only till the act or task mentioned in it is completed.
How to revoke a Power of Attorney?
A Power of Attorney can be revoked through a notice or revocation deed unless it is for a fixed period.
Is it compulsory to pay stamp duty to register a POA?
Stamp duty is to be paid only if the Power of Attorney is made for any kinds of property matters. For all other kinds of matter, a POA can be executed on a non-judicial paper.
Is attestation mandatory for a POA?
Yes, it is compulsory to attest a Power of Attorney for all kinds of matters regardless of whether it is a property matter or non-property matter.
Are witnesses required to attest a Power of Attorney?
Yes, there must be 2 witnesses who are of sound mind and above 21 years of age to attest the Power of Attorney.
Can a company grant a Power of Attorney?
Yes, a company can grant a Power of Attorney to allow its agent or lawyer to take legally binding decisions on its behalf.