Power of Attorney

A Power of Attorney is an authority given by an instrument by one person, called the principal, authorizing another person called the Attorney or Agent to act on his behalf. The Power of Attorney gives legal authority to the person called Agent or Attorney In fact it empowers the Attorney to take legal decision for the Principal. A Power of Attorney can give the agent very wide powers or limited powers. Power of Attorney is frequently used in cases where the principal is ill or he is not available to complete legal transactions on his behalf.

A Power of Attorney may be general by nature or may be specific. Where an authority is given by the principal to the agent to act on all matters relating to him it is called a general power of attorney. A special Power of Attorney gives the authority to the agent to do some particular or specified act.

A general Power of Attorney gives extensive powers to the attorney whereas special Power of Attorney gives only specific powers to the attorney.

To ascertain whether a Power of Attorney is general or specific in nature one has to look at subject matter in respect of which the power is conferred.

A Power of Attorney can be given by any person who is competent to make a contract.

A Power of Attorney that authorizes a person to present a document for registration must be executed and authenticated by a Registrar or Sub Registrar of Assurances.

Under Indian Evidence Act the courts shall presume that a Power of Attorney that has been executed and authenticated was executed and authenticated. It enables the court to presume genuineness of a Power of Attorney.

The stamp duty on Power of Attorney is chargeable in terms of Article 48 of Schedule 1, Indian Stamp Act, which is different in different States.

Ready made Power of Attorney both General and Specific, is available under the link Deeds. On payment the document can be downloaded.