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Vakil Sathi > Blog > Property Registration > Power Of Attorney > What Is a Power of Attorney?
Power Of Attorney

What Is a Power of Attorney?

A power of attorney, a letter of attorney, is used to give authorization to another person act on behalf of someone in affairs relating to legal matters. The person authorized to take a decision is known as the agent or the attorney holder. The person who is authorizing the agent or attorney is referred to as the principal, donor, or grantor.

A power of attorney, a letter of attorney, is used to give authorization to another person act on behalf of someone .

The Power of Attorney is granted for several reasons, such as the person being abroad, being indisposed, ill, etc. Thus, granting the power of attorney is an easier choice as another person will take care of all your duties and responsibilities without burdening you. The person who give the authority is known as the donor.

Contents
There are some types of Power of Attorney such as: –Benefits of Power of AttorneyProcedure of Power of AttorneyDocuments RequiredStamp Duty for Power of AttorneyAuthentication Process for Power of Attorney DocumentsWhy choose Vakilsathi ?

There are some types of Power of Attorney such as: –

  1. General  Power of Attorney
  2. Specific  Power of Attorney
  3. Deed of revocation of  Power of Attorney
  4. Durable  Power of Attorney
  5. Non-durable  Power of Attorney

Our lawyers will hear your requirements and advise accordingly as to which  Power of Attorney is suitable. Ideally, a  Power of Attorney is granted to someone who is in the position of trust and knows about your requirements. It guides them to act towards your wishes. A  Power of Attorney can be drafted by legal experts who will enumerate the specific nature of your requirements.

 

Benefits of Power of Attorney

Takes the burden of decision making off your shoulders

Shows another point of view in decision making

Gives an opportunity for stakeholders to be more opinion

The intent of the donor is not to be questioned for the power of  attorney.

Reduces unnecessary hassle when it comes to doing the legal and financial procedures

Gives peace of mind to the donor.

 

Procedure of Power of Attorney

Step 1: Reach out to expert lawyers who will draft a  Power of Attorney for you

Step 2: legal experts will ask you some questions and go through your requirements

Step 3: The details will be enumerated by the lawyer and a  Power of Attorney will be drafted

Step 4: The  Power of Attorney has to be then signed in the presence of two witnesses (witness signature is also required)

Step 5: The  Power of Attorney is to be signed by a legal notary

Step 6: Stamp duty is a varies according to the nature of the Power of Attorney.

 

Documents Required

Name and details of the partie

Powers that are being handed over to the designated person

Validity of the  Power of Attorney

Signature of the donor.

Stamp Duty for Power of Attorney

If a General Power of Attorney is conferred to father, mother, brother, sister, wife, husband, son, daughter, grandson,  or any near relative, without any consideration, then Stamp Duty of Rs. 350/- is only applicable for registration.

The stamp duty, a registration fee of Rs.100 is applicable if the Power of Attorney is conferred without consideration in the name of the father, mother, brother, sister, wife, husband, son, daughter, grandson  or a near relative. In any other case, a registration fee is payable at Rs.10/- per Rs. 1000/- with a minimum of Rs. 100/- and a maximum fee depend on the market value of property or consideration, whichever is higher.

The Stamp Duty payable for Special Power of Attorney is Rs. 100/-.only

Note: The stamp duty on a power of attorney it will depending on the State and the powers conferred in the Power of Attorney.

Authentication Process for Power of Attorney Documents

Power of Attorney can be authenticated before a Registrar or Sub-Registrar within whose district or sub-district the Donor resides, and in case a Power of Attorney is executed outside of India, it can be authorized by a Notary Public or any Court, Judge, Magistrate, Indian Counsel or via Counsel or a representative of the Central Government.

Why choose Vakilsathi ?

It is very important that such terms are included in the document as they elaborate the rights and duties of the authorised person. A poorly drafted Power of Attorney can make things difficult for the donor as the authorised person can use it to their advantage. it is important that a Power of Attorney is made in such a way that the donor’s requirements are fulfilled. Vakilsathi has legal experts who are aware of the procedure and legal requirements.

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