Frequently Asked Questions

  • This is pretty confusing and is frustration is aggravated when no-body knows the correct answer. When I was trying to find an answer, I had consulted Lawyers, Notary guys and other people sitting outside the courts. They all boast to guide you well for a good amount of money but believe me, they all just try to fool you. Please don’t fall prey to their guidance that ‘Notarized POA is same as Registered POA‘. It is NOT. Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.
  • The power of attorney is valid until you revoke/cancel it.
  • The cost depends on your location. If you are in India, the total cost would be around Rs. 2500 including government fees and any lawyer fee that you may have to pay, for riding you through government’s processes. If you are outside India, you have to check the Indian Embassy website for the cost. But, one thing is sure that the cost would be pretty higher outside India for NRIs. So, it is advisable to get the POA made and registered while you are still in India.
  • To rein in the growing number of properties being bought and sold using GPA, the government made it mandatory for the GPAs to be registered at 90 per cent of the stamp duty applicable to sale deed.
  • Many properties can't be sold through sale deed for a variety of reasons. For instance, as the DDA sells the property at below the market rate, the urban body puts a minimum gestation period before an allottee can sell a flat. However, allottees often sidestep the process and sell it on GPA.
  • A PoA can be of two types, special power of attorney (SPA) and general power of attorney (GPA). While an SPA is used for the transfer of a specific right, a GPA authorises the holder to do whatever is deemed necessary. For instance, in property matters, the buyer gets a GPA from the seller to use the property. This GPA can later be transferred to another buyer.
  • A power of attorney (PoA) is a document through which a person nominates another person to act on his behalf. Earlier, only the principal had to sign the PoA, but now many states insist that the power agent should also attest the document. If no timeframe is mentioned on the document, it is valid till it is revoked by the principal.
  • Forty-two-year-old trader Rakesh Sharma was not lucky enough to win the draw of lots conducted by the Delhi Development Authority (DDA). So, Sharma decided to buy a DDA flat at Narela from a lucky one who was willing to sell his property at a premium. The property transfer was, however, done through a general power of attorney (GPA). Sharma was shocked when his lawyer friends told him that GPA was not a valid instrument for transfer of a property. His ignorance was going to jeopardise this naïve home buyer his lifetime's savings.This is why it is imperative that we understand how a GPA works.
  • GPA stands for "General Power of Attorney".

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Power of Attorney ?

This is a written authorisation document where a person (“Principal” or “Donor”) confers authority to another person (“Attorney”, “agent” or “Donee”) to act on his behalf in matters of property, business affairs, financial and Banking transactions, legal matters etc.

This document empowers the Attorney to represent the principal in various matters when the latter is out of country or old and incapacitated or even otherwise not able to take care of one’s property and finance etc.

Power of Attorney can either be in general or limited to a specified purpose. Where the principal is unable to attend various dealings, he appoints an Attorney to perform the required actions on his behalf.

Always grant power Attorney to a trusted aide or family member. This document can have negative consequences if the power is misused by the Attorney. Use this utility wisely. In India The Power Of Attorney Act, 1882, frameworks and guides this type of arrangement

Types of Power of Attorney

General Power of Attorney

Where the principal authorises the Attorney to do certain general acts on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter.

Special Power of Attorney

In this, principal confers powers to the Attorney to act on behalf only for specified purpose and the power ceases to exist once the purpose is over or carried out. The transaction can be single or multiple as specified.

Durable Power of Attorney

If you make a durable Power of Attorney or specify the durability factor in the deed, it simply means that the powers of Attorney will remain effective if the principal becomes incapacitated. Generally, the powers of the Attorney is nullified if the principal is incapacitated if the durable condition is not included.

When to use?

  • When you’re looking for an aide to represent you in important matters
  • When a person is unwell and is not in a position to carry out critical transactions
  • When a person is abroad and wants to appoint an abettor to assist in domestic business
  • If you’re preoccupied with other appointments and are unable to concentrate on a project/task

What does it cover?

  • Attorney’s powers related to conducting business
  • Real estate and property matters
  • Selling & Buying investments,operation of bank accounts
  • Power to enter into agreements and registrations
  • Other basic and vital clauses