Power of attorney (POA) is a legal document that gives over the power to take legal action of one person to another person (lawyer or agent). There are different kinds of POAs, i.e. General POA, Special POA or Limited POA.
General Power of Attorney
General Power of Attorney gives designated person a huge scope of power to complete various transactions or the deeds that are actually expected.
Special Power of Attorney
Special Power of Attorney is restricted in scope. It specifies accurately what deeds or the transactions the designated person can perform on their behalf.
POA is given for precise purposes only which are defined in the document. An individual who is a minor in the law, i.e. below 18 years cannot be issued Power of Attorney. POA for NRIs is for managing their property in India as it gets tough for them to visit India again and again to administer their property.
There is a specific procedure for an NRI (not being physically present in India and having an Indian passport) to be followed for obtaining a Power of Attorney in India.
- As to ease the process of sharing everything with a person holding the POA, all the relevant points should be written down by the NRI on a plain piece of paper in English (understandable) language. The phrasing needs to be done accurately and double-checked and should be given/issued only to a person who assigns to person all the actions and services specified for you genuinely. (In case of the NRI not physically being present in India the step can also be done on an A4 size sheet rather than on a legal paper)
- Attesting of POA by the concerned authority/Indian Embassy or a notary of the country they’re residing in. This step requires being undertaken in the presence of 2 witnesses.
- The attested POA needs to be sent to India by postal service (any that is available) and needs to be signed/stamped and adjudicated in within a time period of 3 months from the date the POA was received in India.
- In a matter of immovable property, the person in India requires to make it valid and legal and should get it registered. (in case of general POA, the Registration Act does not make it mandatory to get it registered)
Documents required: –
- Photocopies of passport
- The envelope paper in which the POA was mailed.
- ID proof (that involves address) of the POA holder
- A document that specifies the relationship between the person executing the POA and person holding the POA
- Applicable Fee
- Passport size photographs
- Original POA
- The prepared POA document along with photocopies
- ID proof of the witnesses
Legal Tips that should be kept in mind while granting power of attorney: –
- It is advisable to give a Special Power of Attorney (SPOA) as it states all regarding what the person is getting the power can do.
- The consequences of granting power of attorney should be check and understood thoroughly.
- Only give the POA to someone reliable and whom you can rely upon for performing the services written in the POA.
- A POA cannot be assigned for illegal services.
Vakeelno1 is an established law firm and legal service provider for NRIs across the globe. Our team of professional and experienced property lawyers can help in determining the ideal form of Power of Attorney for NRIs and in preparation of the imperative documentation. We make sure that all your legal matters regarding land and property are taken care of in best possible manner.