Special Power of Attorney
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A Special Power of Attorney in India is a legal document that grants an agent the authority to act on behalf of the principal for specific tasks or transactions. It is often used for a limited period or a single transaction. The powers granted to the agent can be tailored to the specific needs of the principal.
A lawyer can assist in drafting the document, ensuring that it contains all necessary details and meets all legal requirements. The lawyer can also help the principal understand the implications of granting specific powers to the agent and can assist with the registration and execution of the document.
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How to get Special Power of Attorney registered
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Understanding the Special POA
Discussing the requirements of the principal and the terms and conditions which are to be included in a Special POA with the lawyer.
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Drafting the Special POA
The lawyer drafts your document according to the requirements.
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Final Special POA
After the draft is ready, the lawyer defines the legitimate Special Power of the Attorney.
Understanding the Special POA
Discussing the requirements of the principal and the terms and conditions which are to be included in a Special POA with the lawyer.
Drafting the Special POA
The lawyer drafts your document according to the requirements.
Final Special POA
After the draft is ready, the lawyer defines the legitimate Special Power of the Attorney.
Contents of Power of Attorney
Details of Parties
POA describes the details of the person assigning the Power of Attorney and of the party receiving the powers (Agent)
Date and place of execution
The POA states the date and place where it was executed, and when will it come into force.
Reasons for granting Special POA
POA will state the reasons of why it is being given, to ensure that the act that the parties are seeking to complete is not against the law. The document specifies the specific powers that the principal is granting to the agent, such as the power to manage financial affairs, make medical decisions, or conduct business transactions on the principal's behalf. The document may specify any limitations or restrictions on the agent's powers, such as a time limit or a restriction on the types of decisions that can be made.
Validity
Registering a POA gives it a legal authorization and gives the power of actions to the agent to act for another person
Powers and Responsibilities
POA explains what powers do the agents hold, and which acts are to be done by them. It may also include restrictions for the sake of clarity.
Benefits of Registering a Power of Attorney
Specific Powers
A special power of attorney allows the principal to grant specific powers to the agent for a limited period or a single transaction. This ensures that the agent has only the necessary authority to carry out the task, preventing any misuse of power.
Privacy
By granting a power of attorney to an agent, the principal can keep their affairs private and avoid the need for court proceedings to appoint a guardian or conservator.
Control
A special power of attorney can be convenient for situations where the principal is unable to personally attend to a transaction or task due to travel, illness, or any other reason.
Prerequisites for registering Power of Attorney
Draft of the POA
Draft of the original written POA
Identification Proof
Identity proof of the parties involved
Proof of Property
Electricity bill or tax receipt (for property-related POA)
Photograph
Passport size photograph of both parties
Witnesses
2 witnesses along with their ID proofs (identity and address)
Registration Process
1
Discuss your requirements with a lawyer
2
Power of Attorney is drafted by the Lawyer
3
Pay Stamp Duty and generate challan
4
Schedule an appointment at the Sub-Registrar Office
5
Pay Registration Fees
6
Signatures of 2 Witnesses in the presence of the Sub-Registrar
7
Power Of Attorney is Registered at the Sub-Registrar’s office
Deliverables for the Power of Attorney Registration
Customized POA draft
Registered POA (original) is home delivered.
Frequently asked Questions
What is the difference between a general power of attorney and a special power of attorney in India?
A general power of attorney grants broad powers to the agent to act on behalf of the principal for a wide range of tasks and transactions. A special power of attorney, on the other hand, grants specific powers for a limited period or a single transaction.
Can a special power of attorney be revoked?
Yes, a special power of attorney can be revoked by the principal at any time by executing a revocation deed. The revocation must be registered and served on the agent to be effective.
Is it necessary to register a special power of attorney in India?
Registration of a special power of attorney is not mandatory in India. However, for certain transactions, such as property transactions, registration may be required by law. It is advisable to consult with a lawyer to understand the registration requirements for a specific transaction.
Can a special power of attorney be executed from outside India?
Yes, a special power of attorney can be executed from outside India. However, the document must be executed in accordance with the laws of the country where it is executed, and it may need to be notarized and apostilled before it can be used in India.
Can a special power of attorney be granted to multiple agents?
Yes, a special power of attorney can be granted to multiple agents, either jointly or severally. The document should clearly specify the powers granted to each agent and the conditions under which they can act.
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