The law desk
DIVESH SHARMA
11 Years Exp
Special Power of Attorney (Show More)
Jaipur , Arjun Lal Sethi Nagar
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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.
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Name : DIVESH SHARMA
Law Firm Name : The law desk
Country : India
City : Jaipur
State : RAJASTHAN
Practicing Since: 2014
About Your Firm : THE LAW DESK is a law firm growing in the Northern – West part of India, which delivers its best of services in matter of trust, efficiency, and satisfaction, to its clients of various sectors. We believe that we grow with the growing satisfaction of our clients in the work they entrust us. This leads us to make further developments and explorations in different avenues of law. We believe in professionalism and with this zeal we follow the ethics of profession and deliver best form ours to the clients. To be the Preferred Law Firm for our clients and take that relationship forward by making ourselves deserving enough to be their advisors and not just a law firm for their various deals. The members of the Firm are qualified from well established Universities and have extensive and rich legal experience and wide national exposure in their respective practice areas. The experience of associates and depth of their expertise combined with an unlimited desire, enthusiasm and energy to serve, has enabled us to effectively and efficiently resolve the clients’ problems and to suggest practical solutions for their complex legal issues. The Firm’s prime concern is “Client Satisfaction” and it is the backbone of its work culture and the Firm takes great pride in consistently adopting the highest professional standards for clients’ satisfaction. We believe that our path to success is more likely to be found when clients have an access to quality guidance along the way in their matters. Considering crucial needs of the clients, as a sense of responsibility we take personal interest in the all-dimensional success of the clients’ concerns. Our commitment to clients for communicative, responsive, value-added, dedicated and focused attitude in their matters along with cost consciousness and commercially pragmatic in our advice and assistance makes us a different and unique law firm in North Western part of India. To maintain this excellence of service to our clients, the Firm strives to recruit, train and retain lawyers and staff of the highest caliber and professionalism. Due to its good working relations with a number of lawyers and law firms in other jurisdictions ensures ready access to formal legal advice in other jurisdictions whenever needed. The Firm is committed to provide a wide range of legal services, both inbound and outbound, covering the requirements of corporate and individual clients in a timely and a cost-effective manner. We understand the value of client’s trust and are keen to respond as per their expectations. We believe in the ideology that a healthy mind resides in a healthy body and only healthy body can delivers good result but we also know that Health is not valued till sickness comes. In order to stay fit and healthy we keep a strict watch on our working habits and follow step counts on daily basis as a part of our working style. We believe that work can only be efficient if our firm is efficient and healthy.
| Sr Employee Associated | Sr Employee Enrollment/Reg.No | Sr Employee Enrollment/Reg.State |
|---|---|---|
| Prateek Kasliwal | (R/1570/2003) | Rajasthan |
| Jr Employee Associated | Jr Employee Enrollment/Reg.No | Jr Employee Enrollment/Reg.State |
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