Published On: Thu, Aug 6th, 2009

Power of Attorney

Power of Attorney
H.G. Vijaykumar – Advocate (High court)
One of the fundamental and important principals of modern management system is ‘Delegation of Authority’ every one of us, be it an individual, sole proprietorship concern, partnership firm, private limited company, public limited company or any other form of organization or person or entity can always delegate our powers to some one for execution of any work. The legal terminology used for the documentation with regard to such delegation is ‘Power of Attorney’. The power can be conferred specifically or generally, acid test to decide the type is the subject matter, restriction and powers conferred therein.
‘POA’ as it is usually termed is executed in the form of a deep poll, i.e. A unilateral document, describing the executant in first person.
POA is revocable unless it is specifically irrevocable or
When revoked by principal,
Death of principal,
Unsound mind of principal,
Business of agency comes to an end,
Principal is adjudged insolvent.
POA can be terminated by operation of law when :
Time expires
Performance impossible
Death/mental incapacity/bankruptcy
Partnership firm dissolves
It is compulsory to affix photograph and left hand thumb impression of the person giving the powers on the first page of POA and photograph and left hand thumb impression of the attorney holder on the last page of POA. In case of females the thumb impression should be of the right hand. It is always advisable to sign on every page of POA as well as wherever any changes, alterations are made in the POA.
When a person holding a power of attorney executes a sale deed and presents it for registration, the Registrar must satisfy himself whether the POA is in the form, and authenticated in the manner, required by Sec. 32 of Indian Registration Act, 1908 Where POA is not authenticated the registration of sale deed can not be said to be on presentation by a duly constituted agent. The defect is fatal and makes the registration invalid (A.P. HIGH COURT SARDAR SINGH V. SETH PISSUMAL HARBHAGWANDAS BANKER)
A Power of Attorney is recognizable for presentation of a document executed by a person on behalf himself and another (Section 32 of The Registration Act). But, for a valid POA to be recognized in should be executed and authenticated as follows :
WHERE PRINCIPAL AT THE TIME OF EXECUTING THE POA RESIEDS IN INDIA
EXCUTED BEFORE AND AUTHENTICATED BY
Where the Registration act is applicable Registrar or sub Registrar within whose district or sub district the principals resides.
Where the registration act is not applicable Magistrate
Where Principal at the time of executing the POA does not resides in India
Notary Public/Court/Judge/Magistrate/Indian consul/vice consul/representative of central government
The courts in India will be entitled to presume the existence of the document and its validity, If POA executed abroad complies the following requirements:
It is executed before a judge in foreign country.
It is duly, authenticated by the judge of that country.
The signatures of the officials has to be attested by the office of Indian embassy (such attestation is equivalent to registered POA before the Sub Registrar of Assurances in India)
The POA has to be duly stamped within three months after it has been first received in India.
Usually a POA need not be registered under ‘The Registration Act’. A duly notarized POA on a stamp paper is sufficient to show its validity. But, a Power of Attorney specifically for presenting a document for registration must be itself registered under the provisions of Section 32 and 33 of ‘The Evidence Act, 1872′.
There is no limit as to the persons by whom a power of attorney can be executed jointly and the number of persons in whose favor it can be executed, however stamp duty increases in proportion to the number of doness.
Stamp duty is chargeable according to the number of persons in whose favor it is executed.
Where POA is executed in favor of persons who are partners of a firm, they will be considered as one person.
A POA authorizing the donee to sell an immovable Property and for consideration is required to be fully stamped as a conveyance but need not be registered (article 48 (f) of Bombay Stamp Act).
A POA can be renounced at any time by either party at their own option.
Trustees or persons holding property in representative capacity can not delegate their powers by general or special POA.
POA is categorized depending upon the incidence of stamp duty theron. The following are the categories of POA :
Special POA (STAMP DUTY OF RS. 100/-):
1.Executed solely for the purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents.
2.For suits or proceedings under the presidency small causes court act, 1882.
3.For authorizing one or more person to act in a single transaction (other than 2).
General POA :
4.Authorizing one person to act in more than one transaction or generally. (Stamp duty thereon is Rs. 100/-)
5.Authorizing more than one person to act in single or more transaction jointly and severally or generally. (Stamp duty thereon is Rs. 100/-)
6.For consideration and authorizing to sell my immovable property. Stamp duty shall be levied as on conveyance, and determined on the market value of the property.
7.Power given by promoter to a builder by a development agreement along with a POA for construction of building on flat ownership scheme, such a POA attracts advalorem stamp duty.
8.Other than the above.
For authorizing one or more person to act in a single transaction (other than 2).
General POA :

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  1. anant d. nerurkar says:

    power of attorney for the purpose of transactions relating to immovable properties preferably to be registered. Notarised POA ‘s are not acceptable as per registration act sec.32. If it is foreign power then and then only it should be notarised. Any way Maharashtra Govt. by notification and rules have allowed the notarisation but it needs to be seen that supreme court does not recognize such power. Any time if matter goes to supreme court we may be in trouble.

  2. Gopal Gopinath says:

    Hello,

    Is there a way to cancel a given POA? what is the procedure for this?

    My case is simple: my brother (for me) and my sis-in-law (for my wife) have POA in India. Due to family circumstances, only one person can move out of the town a given day. So we want to cancel one of these two, and enable only one person have POA for both of us. But INdian embassy in US is not very clear about how to cancel it. any cues? Thanks very much.

  3. Sameer says:

    Hi Sir,

    Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered. Ca you please provide the case in which this was held.

    Regards,
    Sameer

  4. a d nerurkar says:

    hi sameer,

    this is in respect of Suraj Lamp Industries, where the case is still pending, but supreme court has these comments The Supreme Court has asked the five states concerned to respond to three queries: (i) whether power of attorney sales are prevalent in their respective states; (ii) the views of the respective governments on such transactions; and (iii) what steps have been taken and/or proposed to be taken by these states to deal with the confusion arising from such transactions

  5. Yerra Burra says:

    Hello Sir,
    Does a POA have any “automatic” date of expiry? That is, does it automatically become invalid or expire after some predetermined time even if no such things is mentioned in the POA? I have given a POA to my relative to sell my immovable property about 2 years back. Now there are doubts being expressed that it is valid ONLY for 3 months from the date on the POA. Thanks much for your clarification.

    Yerra

  6. cins says:

    hello sir,
    Iam living in US.I want to give a POA to my father in India.I want to know whether the POA ia attested by a US Notary public or i have to get attestation from our Indian embassy.I want to be legal anyway and iam living in near to indian consolate. So which is a better option? Can you reply me soon,Iam in a hurry.

    Karthik.

  7. Joseph Fidelis Pereira says:

    In Maharashtra rules have changed for POA wef. 4th June 2008.
    New rule describes, if a POA is donated for sell of immovable property it must registered with Registrar and not Notary. also it will impound Stamp duty @ 5% of market value of the scheduled Property. Only exeption is, if it’s donated to close family member then it should be on stamp paper of value of Rs. 500/-. And it must be register before Notary Public.

  8. Deepa says:

    you have mentioned that trustee can not execute GPoA, then who can execute the GPA of a trust? And if no date of expiry is mentioned in the GPA of a property to sell, when does it expire?

  9. Raju says:

    Dear Sir ,
    I wish to assign a POA to my Sis in law for admission and execution of doucement only ( for Builder Agreement for the property I have purchased)and for payment of stamp duty and registration with Sub-Registrar Pune maharashtra . Could you please let me know if i will have to provide the details of builders agreement in the POA ? Also let me know if I can only Notoried it or will have to sent it to Indian consulate for attestation?
    How much will be the stamp paper value on which is this can be typed. ?
    Can you please guide in detail?

  10. joseph Pereira says:

    Dear Mr. Raju,
    Since you have not mentioned where are you, assuming you are abroad. You can assign POA to your Sis in law on a non judicial stamp paper of Rs. 500/- ( Also you can make Franking ) .On This POA it must be clearly mentioned  that it is ‘ SPECIFIC POWER OF ATTORNEY ” IT MUST BE ATTEST IN concern Indian Embassy / high Commissioner office( if it is in Commonwealth countries.)

  11. Ravi says:

    will a authority letter on firms letterhead be trated as power of attorney?

  12. shashikant choubey says:

    Sir,
    I’m an NRI at present in India for short visit – one week, wish to execute POA to my wife for making all formalities including siging of all documents etc. in respect of buying a flat at Navi Mumbai. Is Registration of POA is compulsory with the registrar or registration with Notery is sufficient. What is the amount of stamp duty paper.? Regards
    shashikant

  13. rethimol says:

    sir,

    The PoA is notorised insufficent stamp paper is valid? does the stamp paper value is calculating in state of signing (Tamilnadu) or state of produceing (kerala). Can you tell the stamp paper value of general PoA in tamilnadu and kera. If the general P oA is signed insufficent stamp paper what is the remady?

  14. Dipesh Gandhi says:

    Dear Sir, I stay in Mumbai and have recently taken a property in Ahmedabad, Gujarat, I wish to assign a POA to person who is not a relative to me. On what amount of Stamp paper do I need to print the POA and can I Frank it. Can i Frank the same in Maharashtra and send to Gujarat state and woudl it be valid or do I need to have it specfically stamped/franked in Gujarat.

  15. Joseph Fidelis Pereira says:

    Answers to all concern: 1) To Mr. Ravi : Answer NO.
    To Mr. Choube : A s/ Papers of Rs. 500/- and notarized. it should mention family Power of Attorney.
    To Mr. Rethimol : Excuse me. TN & kerala rules may differ. Pl. take advice from concern state advocate.
    To Mr. Dipesh : You can donate PoA to anybody to execute your sale deed ( purchase ) in your favour. You can execute it on a s/p of Rs. 500/- in mumbai and notorise it. You must clearly mention on PoA ” SPECIFIC POWER OF ATTORNEY ” and it will automatically expire on completion of that particular Purchase deed. ( to notorise it , You need not to go to Gujarat. Only precaution you have to take ” Notary must have a jurisdiction of all India.
    You can directly write me on: josephf_vvm@yahoo.co.in

  16. A.B.DONGRE says:

    My daughter presently out of india(nri) She wants to give pow to me(father) to purchase flat in india. Please let meknow procedure &if registration of poa is needed A.B.DONGRE

  17. Clive says:

    My brother (residing in USA now)  owns a plot of Land at Nagpur, Maharashtra & had given me POA (duly notarised on Rs 500 stamp paper at Mumbai – before he left for US) to sell the plot. Heading of POA : “POA to execute a deed of sale”Now when I have a buyer, the local agent & his advocate has stated the below reqt for POA as per revised rules of Maharashtra govt :-1. POA can’t be notarised but has to be executed in front of a Magistrate2. POA has to be registered & can’t be Notarised as per new rules
    Q1. Pl advise correct status. Is my POA valid for Sale of Plot? If not, then what is teh correct POA format & what my brother has to do in USA to get it notarised etc.
    Q2 : I am at Mumbai. My Son (19 Yrs old) is studying at Nagpur. My Mother & father are also at Nagpur. If a new POA is reqd to be made, can it be made in name of my Son. So it will be POA from my brother to my son for sale of plot.
    Q3: Can my brother give POA to my Father for sale of plot? Agent is advising my father not to take POA but advising that it should be in my name (Brother) – to avoid any complications in future. What could be logic behind this?
    Awaiting your response

  18. Krishna says:

    Dear Joseph Sir,
     
    This is Krishna Dubey here from Mumbai, I m a property consultant here in Mumbai, I have a case for one of my NRI client lives in Qatar (Originally belongs to Kerala). He has issued a General Power of Attorney on Rs.100/- stamp paper in name of our Marketing Executive in the year 2007 at time of purchase the flat at Kamothe, Navi Mumbai (Registration Office at Panvel). Now he is selling the flat and when we consulted the lawyer at Vashi to make the sale agreement and do the stamp duty & registration formality then he told that w.e.f 4th June 2008 POA can be issued only to a Blood immediate related (Parents, Brother/Sister, Spouse, or Childrens) and on 500/- Rs stamp paper attested by Indian Embassy there in Qatar.
     
    Sir Plz guide me on the same bcoz I need your assistance

     
    Thanx a lot 
     
    Regards 
    Krishna

  19. Rama says:

    Dear Sir,

    Can a private limited company ( rep by its Mg. dir) execute a Power of Attorney to sell its immovable property? Is it valid? Since the Mg. Dir himself is an authorised person of the company can he give Power to another to sell the asset of the company.

  20. Kaushal says:

    do i need tto register a POA If i want to give it to my wife to sign on the rent agreement on my behalf. The rent agreement will be rgistrered in court. Please answer if amy one knows the answer

  21. a. k. chatterjee says:

    My wife is a co-owner of a plot of land in west bengal. She stays in Mumbai. She wants to give a POA to her brother-in-law in Kolkakata. for the sale of the land. Is it possible to send a registered POA from Mumbai ..without the signature or photograph of her brother-in-law as he is unable to come to Mumbai. What is the procedure and cost involved?

  22. Shibaji says:

    Dear Sir,

    Can you please let me know how can I obtain a registered power of attorney or something equivalent for selling a property when the property owner is bedridden and cannot go to sub registrars office physically

  23. Vatsalya says:

    Hello sir,

    I’m currently abroad and I’m purchasing a house in MP, India. I have got Power of Attorney attested from Indian Consulate. When my agent as mentioned in the POA went to the registrar office, the registrar asked me to be present there and started saying the law has recently been changed.

    My question is if I need to be present at the time of registration then what is the meaning of Power of Attorney and why Indian consulates are offering attestation services? If POA itself need to be registered then, again why I need to be present (and what is the meaning of attested POA from the consulate)?

    Please advise.

    Thanks,
    Vatsalya

  24. Rahul Sood says:

    Dear Sir,

    I want to confirm the legal status of the POA executed and notarised prior to the date of stamp paper.

    looking forward for a reply.

    Thanks & Regards

    Rahul Sood   

  25. Exactly what you said. It depends on how long your comment has been up there.

  26. LALLAN PRASAD says:

    Dear Sir,
    I purchase a house from first party through a registered power of attorney on 21.06.2011. this house alloted to first party by U P AVAS EVAM VIKAS PARISHAD by kist plan in 2003 and first party paid some monthly kist (not final payment paid). Now I have paid all dues of U P AVAS EVAM VIKAS PARISHAD and apply for registry to my name on behalf of registered power of attorney , but U P AVAS EVAM VIKAS PARISHAD explain Supreme court judgement Suraj lamp …v/s Haryana state … and say “Sampati ka Namantaran/hastantaran/ sale etc, through SA/GPA/WILL are not legal and it is also a contempt of court as per above judgement” . Sampati Adhikari Shri V.S. Kushwah ka kahna hai ki uprokt statement registry ke sath written karunga. uprokt ke sath registry karane se mujhe koi paresani to nahi aayegi. or kya vastav me uprokt judgement me Registered POA ke behalf per registry illegal hai. Ab shri kushwah ko judgement ki meaning (Difference between GPA and registered POA )samajhaye to kaise. Please explain in this cercumstances what I do.

  27. Razia says:

    Firstly,  if photograph of person giving the POA is not there, then is POA null and void? Secondly under what sections and  which act mentions the requisites for a valid POA? Thirdly, do let me know some Supreme Court case laws where requisites of POA are mentioned. Please treat this as URGENT.
       Yours articles and replies to questions are precise and enlightening. 

  28. Sandip says:

    Sir,
    My father had given G.Power to my uncle regarding ancestral property. Later, we came to know that one of the plot that had already been sold, as an act of forgery was registered to another party by my uncle. Now, that my father was totally unaware of such a mischievous act , is now willing to revoke the POA given to my uncle, fearing the consequences such a POA might bring.
    Is it possible to revoke the POA under these circumstances ?
    Please help……

  29. sandeep says:

    SIR, is there any requirement of the POA to be registered for the transfer of rights upon an immovable property to some other person?
    and wheere has it been specified that the POA must be executed in the presence of the magistrate..??please reply asap..thanking you

  30. shahzad says:

    sir,i want to know that after the deth of principal poa is valid or not,can i sell the property after the deth of principle is it a valid registry…plz rep

  31. murugan says:

    dear sir , 
                    A  general POA was given to a person of  by five members  of his family to sell a immovable property belonging to their late mother  after some days one of the person in the family dies shall the POA is valid?  next that POA holder sells the  property without the concen of two of hears of  dead person is that deed is valid? who can cancel the registration except POA holder and buyer? 

  32. Shibaji says:

    Sir, My father wants to give me a POA to sell our ancestral house. The house is in calcutta and we both stay in Bangalore. However my father is bed ridden and cannot travle to registrar office. Can you please let me know what the law says in this case. Though registrars come to home in some states in Bangalore they do not come due to some reason. Thanks–Shibaji

  33. Cawas Chothia says:

    Dear Members
    I wanted to sell my flat in Mumbai. I approached my sister and got a Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujerat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer.

  34. rajam says:

    four brothers have given me the general power of attorney power agent has sold the property after one of the four expired will the sale deed be valid?

  35. nitin says:

    i m in process of buying a flat ,seller is husband and wife .husband is in dubai and wife in mumbai .husband is not able to come to india.what procedure has to be taken by seller in order to sell their flat?. plz help.

  36. Maitreyi says:

    Can you please advice me regarding the procedure of registration of POA of my grand mother who is unable to move out of the house due to old age and she wishes to sell off the property of hers. I approached the concerned office and they are asking for a large bribe to come home, which I am unwilling to pay. Is there is any provision for the elderly people to register their POA from home? I am willing to pay any fees that is official.

  37. Shrikant says:

    Dear Sir, My father has small house at village in Satara Dist. He is 90 year old and hence can not move and
    he wants to give me Power of Attorney (POA) to sell the property.

    Earlier I made POA on 500 Rs Stamp paper and notarised it. However, it seems same is not valid to sell the property. I Have following queries:

    1) Can I register the document , which is already notaried? 2) If not, what amount Stamp paper is required? 3) How much it will cost for POA between myself and father to register 4) What is the procedure for registration, 5) Registrar office address s at Bandra, Kurla area in mumbai.

  38. Balram Gorak says:

    I must bring to the notice, of all those who happen to read the above write up, as follows:  That, the law laid down by the Andhra Pradesh High Court in D. Sardar Singh v. Seth Pissumal Harbhagwandas Bankers AIR 1958 AP 107, as cited by the author above, with regard to the interpretation of Sections 32 and 33 of the Registration Act, 1908 is not the correct legal position.  The readers would be better placed to know the settled legal position in this regard by reading the Supreme Court decision in Rajni Tandon v. Dulal Ranjan Ghosh Dastidar (2009) 14 SCC 782, wherein the aforesaid sections have been examined in detail before arriving at the correct interpretation of the law in that regard.

  39. shubhangi says:

    hello sir,
    I just want to know that what is the validity time of power of attorny of maharastra

  40. s venkata krishna says:

    We about 200 site owners bought site from a person who is holding irrevocable poa from landowners in 2002. The irrevocable POA was duly notorised in 2002 itself. The sites have been registered in individual names and houses have been constructed on them. Now in 2012 the landowners have revoked the poa given to that person. And the land owners are threatening us about court action. What would be the legal position of these site owners.

  41. jas says:

    My wife and I live in Canada. My wife has land in Punjab. She is giving me the POA to sell the land .
    Please give me the website to get details that should be included in POA.. Any other help will be appreciated.
    Thanks.

  42. Sir,

    I am given to understand that Power of Attorney has to bear the Register Serial Number of the Notary and that as per the Supreme Court Judgment it has become compulsory.  Please let me know the Judgment that is being referred to.
    Thanks

    Joaquim 

  43. Rathindra Sarkar [Interesting Case] says:

    My father had given a GPOA to me (Elder Son) and duly signed as witness by Younger Son. Younger son declared to father and public , friend that he has given/donate to the property to elder brother (before and after father expired). There was a issue/problem, during the problem elder brother manages the all problems even he told he has given the property to elder brother so elder brother has to be manage every thing. All are recorded in phone A to z. There is four person in the share ( 2 son, 1 daughter, and wife)

    Now he changed and denying in front of mother that he never told this kind of declaration. My question:

    1. who will be fault and punishable.
    2. Wife and Daughter given the NOC to elder son, what will be the share between son’s.
    3. Is that POA as liable to act as NOC from younger to elder son.

    Younger son working in good position but elder son not also mother is staying with elder son.

  44. I would like to provide a case decided by the Supreme Court in C.A.No.4671 of 2004 decided on 29th July 2009 (Raji Tandon v/s Dull R Ghosh Dastidar on the issue of notarised POA. Dealing with Ss.32 & 33 of Registration Act the SC said that “it is only in cases where the persons signing document cannot present it broke registering officer and gives a POA to another to present document that provisions of sec.33 get attracted. It is only in such cases that said POA has to be executed and authenticated in manner provided under S.33 (1)(a).

  45. Vikram says:

    My uncle and me living in Canada and having Canadian passports. My question is Simple whether time of 3 months extended to emboss POA,

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