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Power of Attorney under The Powers of Attorney Act, 1882

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A person can not be present all the times at all the places. He, as a Principal can appoint his Attorney to execute tasks which he could have done by himself as if done by himself by executing Power of Attorney (PoA).

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Power of Attorney under The Powers of Attorney Act, 1882

  1. 1. Power of Attorney (PoA) POWER OF ATTORNEY (under The Powers of Attorney Act, 1882) By Galaxy4u Legal Consulting, Pune Galaxy4u Legal Research FoundationGalaxy4u Legal Research Foundation Avinash Murkute | M: 9822698070 & 9637796308| E: avinash@galaxy4u.in Web: www.Galaxy4u.in POWER OF ATTORNEY (under The Powers of Attorney Act, 1882) By Galaxy4u Legal Consulting, Pune Galaxy4u Legal Research FoundationGalaxy4u Legal Research Foundation Avinash Murkute | M: 9822698070 & 9637796308| E: avinash@galaxy4u.in Web: www.Galaxy4u.in
  2. 2. Galaxy4u: We do Legal Documentation!Galaxy4u: We do Legal Documentation! Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  3. 3. What is Power of Attorney (PoA)?What is Power of Attorney (PoA)?  A Power of Attorney is an authority given by virtue of basic Legal Document by one person (donor / grantor principal) authorizing another person (donee / attorney / agent) to act on his behalf. It gives legal authority to another person to make property, financial and other legal decisions for the Principal. A Principal can give an Agent broad or limited authority. A Principal can never be present at all the places because of illness, disability or business and various other reasons. Here entrusting PoA helps. PoA can be General or Special / Specific / Limited. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  4. 4. Authentication of PoAAuthentication of PoA  Need not be registered*  Must be executed and authenticated by SRO / SRA  Can also be executed by a Notary Public, or any court, judge, magistrate, Indian consul or Vice Consul or representative of GOI** * - If PoA is not used for registration of document(s) ** - Subject to the Registration Act, 1908 Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  5. 5. Stamp Duty (SD) & Registration FeeStamp Duty (SD) & Registration Fee  In accordance with Article 48 of Schedule I of The Indian Stamp Act, SD on General or Specific PoA without consideration is Rs. 100/- for each person authorized  SD on PoA without consideration to execute or authorize selling of an immovable property to close relative (like father / brother) – Rs. 500/-  Registration Fee - Rs. 100/-  For other categories – Article 25 of The Stamp Act. Registration Fee is 1% of market value or Rs. 30,000/- which ever is less. Registration is compulsory Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  6. 6. Various Types of Power of Attorney (PoA)Various Types of Power of Attorney (PoA) 1) General Power of Attorney by a person going abroad to authorise all acts on his behalf 2) Power of Attorney for Trust 3) Power of Attorney for execution of sale deed 4) Power of Attorney to appear before the Government authority Compulsory registration of Marriages in Maharashtra 5) Power of Attorney to director to enter into joint venture agreement Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  7. 7. Various Types of Power of Attorney (PoA)Various Types of Power of Attorney (PoA) 6) Special Power of Attorney to present document for registration 7) Power of Attorney by joint owners of property to co- owner 8) Power of Attorney by a partnership firm in favour of firm’s manager 9) Power of Attorney for obtaining letters of administration 10)Special Power of Attorney for a court case Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  8. 8. Various Types of Power of Attorney (PoA)Various Types of Power of Attorney (PoA) 11)Power of Attorney by all partners of the firm ratifying the powers given by a partner for the firm 12)Appointing substituted Power of Attorney 13)Deed of revocation of Power of Attorney 14)Letter of authority for taxation matters of individual 15)Special Power of Attorney 16)Power of Attorney to present deed of family arrangement before registrar Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  9. 9. Various Types of Power of Attorney (PoA)Various Types of Power of Attorney (PoA) 17)Power of Attorney by the promoters of the company for submission of memorandum & articles of association before the registrar of company 18)General Power of Attorney by a women partner 19)Power of Attorney to recover debts 20)Power of Attorney to look after immovable property and to recover the rent 21)Power of Attorney for sales tax matter 22)Authorisation to receive foreign inward remittance certificate Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  10. 10. The Supreme RulingsThe Supreme Rulings I. First, that, a word used in a document has to be interpreted as a part of or in the context of the whole; II. Secondly, the purpose of the powers conferred by the power of attorney have to be ascertained having regard to the need which rise to the execution of the document (instrument), the practice of parties, and the manner in which the parties themselves understood the purpose of the document, and III. Thirdly, that, powers which are absolutely necessary and incidental to the execution of the ascertained objects of the general powers given must be necessarily implied. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  11. 11. Very Important ThingsVery Important Things • Recitals (that is contents) of the Power of Attorney should be drafted carefully • Person should be competent to enter into contract. Provisions of Agency under the Indian Contract Act, 1872 shall apply • If the executant is illiterate person, then the recitals need to be drafted / read over to him to his fullest satisfaction in the local language like Marathi, Hindi, Gujarati, Kanadi, Tamil, Telugu, Oriya or as the case may be. (Galaxy4u is legally proficient in all Indian and Foreign languages.) Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  12. 12. Galaxy4u: We do Legal Documentation!Galaxy4u: We do Legal Documentation! Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  13. 13. Legal Awareness Initiative Avinash MurkuteAvinash Murkute [B. Sc., MBA, LL.B., LL.M. (International Laws), CS] Galaxy4u Legal Research FoundationGalaxy4u Legal Research Foundation Galaxy4u, Kothrud, Pune – 411 038 India Mobile: +91-9822698070, +91-9637796308 E-mail: avinash@murkute.com | avinash@galaxy4u.in Web: www.Galaxy4u.in ------------------------------------------------------------ Above information is intended for general public and legal awareness only. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in

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