Power of Attorney under The Powers of Attorney Act, 1882

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
Avinash Murkute | M: 9822698070 & 9637796308| E: avinash@galaxy4u.in

Galaxy4u: We do Legal Documentation!Galaxy4u: We do Legal Documentation!
Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in

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.

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

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

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

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

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

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

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.

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.)

Legal Awareness Initiative
Avinash MurkuteAvinash Murkute
[B. Sc., MBA, LL.B., LL.M. (International Laws), CS]
Galaxy4u, Kothrud, Pune – 411 038 India
Mobile: +91-9822698070, +91-9637796308
E-mail: avinash@murkute.com | avinash@galaxy4u.in
------------------------------------------------------------
Above information is intended for general public and legal awareness only.

Power of Attorney under The Powers of Attorney Act, 1882

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