Why a Power of Attorney is Necessary?

Power of Attorney is a legal document which gives the power to one person to act for another. The person who is issuing the Power of Attorney is the Principal, whereas to whom the Principal is issuing it, is the Attorney.

By the power of attorney, the Principal gives the power to the Attorney to do all acts, or appear and do the signature on all relevant documents only on the behalf of the Principal.

A power of attorney can be registered or unregistered but both the powers of attorney are totally different in nature. Even the procedure of revocation for both the power of attorney is different.

Types of Power of Attorney

There are two types of Power of attorney in India. One is general Power of attorney and the other one is special Power of attorney. Both are elaborated below- 

General power of attorney: If the principal through the power of attorney authorizes the attorney to do all the needful irrespective of any particular work then that power of attorney is considered as a General power of attorney.

Special power of attorney: Here, if the principal through the power of attorney authorizes some particular work to the attorney only with a few specific powers that are there in the power of attorney then it is considered as a Special power of attorney.

What Statutes Govern Power of Attorney in India?

1. Indian Contract Act, 1972

2. Power of attorney Act, 1882

3. Registration Act, 1908

4. Indian Stamp Act, 1899

When does the Principal send a legal notice for cancellation of power of attorney?

The scenarios include when:

1. The attorney does anything which is contrary to the terms and conditions of the Power of Attorney.

2. The work or business has been completed for which the power of attorney has made.

3.  If the principal completes the work by himself.  

Essentials in the legal notice for cancellation of power of attorney

A legal notice for cancellation of power of attorney should contain all these essential points:

1. Name, description, and place of residence of the person or persons.

2. Name, description, and place of residence of the sender of the notice.

3. Cause of action details.

4. The description of the incident which has raised the cause of action.

5.  The specific/particular time for revoking the power of attorney.

Procedure to Revoke Power of Attorney

1. Firstly, you will have to issue a notice in a local daily newspaper or even a national daily.

2. The donor of the POA will have to get a registered cancellation deed (registered from the office of the respective sub-registrar).

3. Lastly, the principal will give the registered cancellation deed to the holder of the power of attorney by informing him or her of the cancellation. 

Conclusion

In India, there are variety of lawyers who are prudent and up to date in the subject matter, civil laws and have experiences in handling civil cases. They can even give you the format of power of attorney in India.

The author of this blog is Adv. Shimpy Armaan Sharma having an experience of 17+ years in handling Property or documentation related matters from her experience she wants to share this beneficial information for the individuals having any issues with respect to power of attorney related matters.