Overview

A Special Power of Attorney is different from the General Power of Attorney. When you want to get any particular or specific act done and you are not in a position to do it yourself due to reasons like being abroad, or hospitalized or travelling etc, you require the help of someone close to you to do it. But you can’t orally entrust someone to act for you because that can put you into trouble if the person didn’t act according to your wish but to his own wish. In such cases you can give the Special powers to the person by making a deed of Special Power of Attorney.

To make a Special Power of Attorney deed, you have to do the following:

    Drafting – Draft the deed giving all the details.
    Print on Stamp paper – Print the document on a Stamp paper of appropriate value (this may vary from State to State). This step mandatory for the Power of Attorney deed unless you are living abroad.
    Registration (for property transactions) – Register the deed in a Sub-Registrar office where the property is situated by paying appropriate charges.
    Signature – The drafted POA should be duly signed by the Grantor (person who gives the power). Two Witnesses should attest it by signing the deed. If being Registered the signatures are to be done in the presence of the Registrar.

The person who grants the power in the deed is termed as Grantor or Principal. The person to whom the power is granted is termed the Agent or Attorney.

How to make it legally valid?

To make the Special Power of Attorney created by you legally valid, follow these steps:

    The deed should be made on a Stamp paper of appropriate value according to the Rules of the State where it is to be registered.
    The Grantor should sign the deed in all pages at the bottom.
    Two Witnesses should sign and attest the deed at the end of the document.
    The Special Power of Attorney deed can be attested by a Notary Public with the seal and signature if it is not involving any immovable property.
    Special Power of Attorney deed has to be compulsorily registered from a Sub-Registrar office where the property is situated, if immovable property of value of Rs.100 or above is the subject matter of the deed. Appropriate Registration charges are to be paid as per the State Rules.

Things you must know about drafting and registering PoA

    The person making the Special Power of Attorney deed should first and foremost be mentally capable and sane and should understand what he/she is doing.
    The Special Power should be granted only for a particular or specific act to be done by the Attorney. There should not be any generalisation of power granted. It should be very specifically and clearly stated as to what exactly is the nature of work that the Attorney has to perform.
    If the Grantor cannot understand the language of the deed, it has to read out to him and thumb impression shall be taken if he is illiterate.
    Registration and stamp duty rules vary from State to State. Some States require compulsory registration of any kind of Power of Attorney deeds
    Getting the deed notarised is not equal to registration. Notarisation is just an authentication that the deed was made and signed by the Grantor. Hence if the Rules demand registration the document should definitely be registered from a Sub-Registrar office only.

Can people living abroad create a power of attorney?

If you stay outside India in some other country, and you want to give power to a person in India, then you have to follow these steps to make a Power of Attorney deed.

    Draft the deed on a plain white paper.
    Attest the draft from the Indian Embassy or Consulate in that country by a Notary there.
    The Grantor has to sign in all pages of the deed
    Send the attested Power of Attorney deed to your known person in India by registered post or courier.
    The person to whom you send the deed should get it registered in the appropriate Government office as per the State rules. It can be either the Sub-Registrar office or the Sub -Divisional Magistrate office.

Name : Adv. Shreyans Mamania

Law Firm Name : Shah & Mamania

Country : India

City : Mumbai

State : MAHARASHTRA

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