Power of Attorney Format
मुख्तारनामा प्रारूप
Overview
When to Use This Format
- When you cannot personally handle property transactions
- For authorizing someone to act in legal matters on your behalf
- When NRIs need to manage property or business in India
- For banking and financial transactions by a representative
- To authorize court appearances through a representative
Key Components
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1 Principal Details
Full name, address, and identification of the person granting the power.
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2 Attorney Details
Full name, address, and identification of the person receiving the power.
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3 Powers Granted
Specific or general powers being conferred, clearly enumerated.
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4 Duration
Time period for which the POA is valid. Can be indefinite for GPA.
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5 Revocation Clause
Conditions under which the POA can be revoked.
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6 Attestation
Signatures of both parties, witnesses, and notarization or registration details.
Sample Format
Step-by-Step Guide
Decide the Type
Choose between General Power of Attorney (broad powers) or Special Power of Attorney (specific tasks).
Draft the Document
Clearly list all powers being granted. Be specific to avoid misuse.
Purchase Stamp Paper
Buy appropriate stamp paper (value varies by state). GPA for immovable property requires higher stamp duty.
Sign with Witnesses
Both principal and attorney must sign in presence of two witnesses.
Get Notarized or Registered
POA for immovable property must be registered at the Sub-Registrar's office. Others can be notarized.
Adjudication (if required)
Some states require adjudication of stamp duty by the Collector's office.
Important Notes
- GPA for immovable property must be registered - unregistered GPAs cannot be used for property transactions.
- POA executed outside India must be notarized by the Indian Embassy/Consulate or apostilled.
- A POA can be revoked at any time by the principal through a registered revocation deed.
- The Supreme Court has ruled that sale through GPA without a registered sale deed is not valid for property transfer.
- NRIs should execute POA at the Indian Embassy/Consulate in their country of residence.
Frequently Asked Questions
What is the difference between GPA and SPA?
A General Power of Attorney (GPA) gives broad powers to the attorney to act on all matters, while a Special Power of Attorney (SPA) is limited to specific tasks or transactions. SPA is recommended when you need someone to handle a particular matter like selling a specific property.
Does a Power of Attorney need to be registered?
A POA that deals with immovable property (buying, selling, mortgaging) must be registered under the Registration Act, 1908. POAs for other purposes like banking, legal representation, or general management can be notarized without registration.
Can an NRI execute a Power of Attorney?
Yes, NRIs can execute a POA at the Indian Embassy or Consulate in their country of residence. The document must be notarized by the Embassy/Consulate and then adjudicated in India within 3 months of receipt.
Legal Disclaimer
This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.
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