What is special power of attorney in India?
A Special power of attorney (SPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal). The principal grants the agent this authority because he is unable to make the decisions his/herself. This SPoA is specific to property.
What is Section 10 of the power of attorney Act 1971?
2.1 General powers under section 10 of the Powers of Attorney Act 1971. The Powers of Attorney Act 1971 provides a short form of general power of attorney that can be used by a sole beneficial owner of land. It operates to give the attorney authority to do anything that the donor can lawfully do by an attorney.
How do I get a special power of attorney in India?
A Notary in the country or state in which you live there should attest to the draught from the Indian Embassy or Consulate there. All pages of the deed must be signed by the Grantor. By registered mail or courier, send the documented Special Power of Attorney deed to your authorized party in India.
Which acts are applicable to power of attorney?
According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate.
What is special power of attorney for?
A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. A general power of attorney is broader, giving the agent the ability to make all legal and financial decisions on behalf of the principal.
Is it necessary to register a special power of attorney?
It is not necessary to register the power of attorney deed unless it involves transfer of property rights/title etc. Both the parties to the power of attorney deed must fully understand what their rights and obligations are under the deed and should act accordingly.
How long is power of attorney valid in India?
Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative’s power would remain valid even if the principal becomes incapacitated.
What are the rules regarding power of attorney?
In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity – see under heading, When does someone lack mental capacity? You can only make a power of attorney which allows someone else to do things that you have a right to do yourself.
Who can issue a special power of attorney?
A special power of attorney is often carried out if the principal, for various reasons, is unable to execute the decisions independently. The principal can opt to create more than one special power attorney, delegating duties to different agents in each instrument.
What is a specific power of attorney?
A Specific Power of Attorney is a powerful legal document which allows a person (known as the Donor) to give another person (or persons) (known as the Attorney) the limited power to make decisions with regard to their financial, legal and/or personal affairs.
What is a durable power of attorney in Indiana?
Under Indiana durable power of attorney laws, the named individual (or “attorney-in-fact”) is granted the ability to make decisions related to care, treatment, and whether to continue life support. For example, a durable power of attorney can allow the named person to decide whether or not the patient should remain connected to a respirator.
How can a NRI get power of attorney (POA)?
Draft the Power of Attorney for NRIs with attestations.
Can I act as power of attorney?
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include: 1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.