What is the Power of Attorney (POA)?
A Power of Attorney is a legal doc that gives a person the power to manage the legal and even some personal decisions for another person. The agent can have the powers to make broad legal decisions or these can even be limited, according to the will of the principal. They normally appoint the Power of Attorney when the individual themselves cannot be present to sign the documents. It is a very crucial decision, and the individual must make it with utmost care.
Eligibility for Power of Attorney forms
There is a specified eligibility criterion, as per the Indian Contract Act, to be eligible for the Power of Attorney forms. The people who cannot claim for the Power of attorney format include:
- Individuals below the age of 18 years
- Insane ( not mental stable)
- The persons who are not qualified by the law of the state
Types of Power of Attorney
The agent appointed under the Power of Attorney format may or may not make all the decisions on the individual’s behalf. It may limit some of them to making just certain decisions as mentioned in the Power of Attorney forms. Moreover, Signing the Power of Attorney format for authorized signatory is equivalent to signing a blank cheque and so one must select the agent carefully. Additionally, to limit the decisions of the agent, there are mainly four types of Power of Attorney, which include:
- General Power of Attorney: Under this, the agent manages a broad range of tasks including signing contracts, making financial decisions, real estate deals, and several others. It gives a generalized authority to the individual.
- Healthcare Power of Attorney: Under this, the agent gets the authorization to make medical decisions on behalf of the individual. Likewise, this is usually beneficial for individuals suffering from chronic illness or even for aged people.
- Limited Power of Attorney: Under this, the rights of the agent to make decisions are limited. Moreover, the individual can decide the list of rights and decisions which the agent can act on behalf of. Additionally, this usually limits the list to just a specific number of things and legal tasks.
- Durable Power of Attorney: Under this, the Power of Attorney format for authorized signatory is limited only for the duration mentioned. However, if the individual becomes mentally unstable or faces some health issues, the agent will still hold the Power of Attorney according to the specified period.
Format of General Power of Attorney
BE KNOWN TO ALL BY THESE PRESENTS THAT I,————————– (hereinafter called the EXECUTANT), do hereby appoint, nominate, authorize and constitute ——————————————————————————-as my true legal and lawful
General Attorney in respect of my property bearing the number -(Give the number of the property) ———————————- with the free hold rights of the land under the said flat.
I hereby empower my above named attorney to do the following acts, deeds and things in my name and on my behalf:-
1. To Manage, Control and supervise the aforesaid flat in all respect, to sign the Sale Deed and to get the same registered with the Registration Authorities. She can sign all kinds of forms/affidavit/undertakings documents etc. which are necessary on my behalf. She can also obtain supplemental rectification Deed for this flat in due course.
2. To enter into sale agreement, to receive earnest money, part payment if any and to execute the said sale agreement and receive final consideration amount in his own name.
3. To execute the Sale Deed, sign, verify and present the same for registration in the office of the Sub Registrar, Delhi to admit its execution, to receive the sale consideration, give statements and do all other acts deeds and things which are necessary for the same.
4. To apply and obtain the necessary sale permission through the NO OBJECTION CERTIFICATE from the concerned departments.
5. To enter into Rent Agreement in respect of the aforesaid flat or its part, to execute Rent Agreement, to receive advance, to receive security, to issue rent receipt, to deliver possession to get the tenant evicted through the process of law or by negotiation, to take back possession of the aforesaid flat.
6. To obtain permission for selling this flat from the competent Authority in his favour or his nominee and fulfill necessary formalities in this regard.
7. To sign all kinds of prescribed forms/affidavit/undertaking/ document on my behalf.
8. To get the aforesaid flat transferred and mutated in the record of the concerned authority.
9. To execute a WILL regarding this flat in favour of any person of his choice. In that the WILL executed by me regarding this very flat shall be deemed to have been cancelled/withdrawn.
10. To submit a building plan for additional and alterations on the said flat and to submit necessary estimates etc. for the purpose.
11. To deposit House Tax, Electricity and Water Charges or any other dues and demands to the concerned authority.
12. For any of the aforesaid purposes, to do the following acts deeds and things under his own signatures:
(a) To reply to the letters and notices, to make correspondence, to make representations, to make petitions.
(b) to sign, execute submit and present forms etc.
(c) to sign, submit and execute affidavits declarations, indemnity Bonds, Surety, Bonds, undertakings, No objection etc.
(d) To produce documents and to give statements.
13. To execute, sign and present all kinds of suits, plaints complaints, Appeals, Revision, Statement, Applications, in connection with the aforesaid flat and its management.
14. To proceed with the conduct of all court proceedings for this flat and its management and appoint an advocate for the purpose.
15. To compromise compound or withdraw court cases, to appoint architectures to proceed with arbitration proceedings, to engage lawyers, to deposit and withdraw money, to execute decree, to receive and recover the decreed amount, issue receipts and to take necessary steps for the purpose.
16. To appoint anyone else as further General Attorney with such power as are considered necessary by his for this flat and to delegate all these powers on the said attorney.
17. I admit that this General Power of Attorney shall remain irrevocable under all circumstances.
18. I, the Executant have also executed an Agreement to sell in respect of the said flat and on the request of the said purchaser. I have executed a General Power of Attorney in favour of the said ——————————so as to conclude the sale after the registration of Conveyance Deed of the said flat in his favour or in favour of his nominees and I also hereby ratify and confirm that all acts, deeds and things done by the said Attorney for this flat shall be binding on me in all respects.
IN WITNESS WHERE OF I have executed this General Power of Attorney at New Delhi on this—————day of —————————————————in the presence of the following witnesses.
While signing work of the Power of Attorney, it is crucial to choose a trusted agent and provide him with the right legal authorities. Similarly, it is provided to a trusted family member. One can provide the POA to over one member as well. Additionally, one must follow the right format along with all the details to avoid any consequences in the future.
Disclaimer: These guides/articles are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on the information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer