Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor in Kodambakkam
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POA - Power Of Attorney
GPA - General Power Of Attorney
SPA- Special Power of Attorney
Principal - One who gives power
Agent - One who receives power
FAQ: Power Of Attorney
What is the difference between a Power of Attorney (POA) and a Special Power of Attorney (SPOA)?
A Power of Attorney (POA) is a broad legal document that allows you to appoint someone to manage your financial, legal, or property matters. A Special Power of Attorney (SPOA) is more specific, granting your agent authority to complete a single task or transaction, such as buying or selling a particular property.
Can my Power of Attorney be used for multiple property transactions?
A General Power of Attorney (GPA) can be used for multiple transactions if it grants broad authority, whereas a Special Power of Attorney (SPOA) is limited to a specific task or transaction. The scope of authority depends on how the POA is drafted.
Can I use a General Power of Attorney to manage the sale of my family’s property if my elderly parents cannot travel?
Yes, if your parents execute a GPA in your favor, granting you the authority to handle the sale, you can manage the property transaction on their behalf. The GPA must be notarized and registered in India before you can act as their legal representative.
Can a GPA (General Power of Attorney) holder sell property?
Yes, but only if the GPA specifically grants the power to sell the property. However, transactions solely based on a GPA are not valid for transferring ownership unless supported by a registered sale deed.
FAQ: NRI - Power Of Attorney
Do I need to get the Power of Attorney document signed at the Indian Consulate?
No, it is not necessary. The Power of Attorney must be notarized by a notary in the place where you reside and does not require attestation from the Indian consulate.
My spouse is travelling to India, can he/she carry the POA? Will it be accepted?
Yes, the registration office will accept the Power of Attorney document if it is notarized in the country where you reside. Your spouse can present this document in India for registration at the local sub-registrar’s office to complete the property transaction.
Is it possible to courier my Power of Attorney document to India?
Yes, you can courier your notarized Power of Attorney document to India, but it must be properly notarized in your country of residence before being used for property transactions in India. The POA must also be registered at the relevant sub-registrar’s office in India.
What precautions should NRIs take to ensure their General POA is not misused?
It is crucial to appoint a trustworthy person as your agent, as a GPA grants them significant control over your property. To limit the possibility of misuse, specify the powers clearly in the GPA and consider setting limitations or adding clauses for periodic reporting. You can revoke the GPA if you suspect misuse.
I’m living abroad, and I want to revoke the General Power of Attorney I gave to my agent in India. What is the process?
To revoke General Power of Attorney (GPA), the principal (you) must execute a revocation deed and notify the agent and the sub-registrar where the GPA was originally registered. If the GPA was used for property transactions, the revocation must also be recorded with the same authorities that handled the original registration.
How long is a General Power of Attorney valid for NRIs, and can it be revoked?
A General Power of Attorney remains valid as long as the principal (you) is alive and mentally competent. You can revoke it at any time by executing a revocation deed and notifying the agent and relevant authorities. The GPA automatically becomes void upon the principal’s death or incapacitation.
Why would a General Power of Attorney sent to India by an NRI be rejected by the sub-registrar?
The GPA may be rejected if it was not properly notarized or attested by the notary in the NRI’s country of residence. Indian law requires that the GPA be notarized abroad before it can be accepted by the sub-registrar’s office.
How does POA document notarized abroad is registered in India?
Once the POA document has been drafted and notarized abroad, it must be sent to India. The agent or someone else on your behalf can submit the document to the relevant sub-registrar’s office for registration, which involves payment of stamp duty and other fees.
Is it necessary for the principal and agent to be present for Power of Attorney registration in India?
The principal (you) need not be physically present in India for the registration of the POA. However, the agent (who receives power) must be present to submit the document and complete the registration formalities at the sub-registrar’s office.
Can I execute a Power of Attorney if I’m an NRI but own property jointly with someone else?
Yes, you can execute a Power of Attorney even if the property is jointly owned. However, each co-owner must individually execute their own POA, authorizing the agent to act on their behalf for the specific property transaction.
What documents are required to execute a Power of Attorney for NRIs?
For NRIs, the following documents are generally required to execute a POA:
- Proof of identity (passport, Aadhar etc.)
- Proof of address (Driving license, State ID etc)
- Passport-size photographs
- Notarization of the Power of Attorney document by a local notary public near your residence abroad
- Registration fee and stamp duty (for registering the POA in India)
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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