Skip to main content

Executing a power of attorney

Some conditions relating to making a valid POA

According to the Power of Attorney Act 1882, a power of attorney (POA) includes any instrument (not chargeable with a fee under a law relating to court fees) empowering a specified person to act for and in the name of the person executing it. A POA grants authority to a person to perform certain acts on behalf of another person. It means a person is authorising another person to do something on his behalf.

The person for whom such an act is performed or is represented is called the principal. The person who is executing the POA is called the executant and the person to whom power is granted is called general power of attorney (GPA) holder or beneficiary.

There are two kinds of POA. One is the GPA. It gives wide powers to an agent to act on behalf of the principal as detailed in the deed. It is not confined to any specific act relating to a specific subject. The second is a specific power of attorney (SPA). This is given in respect of a single specified transaction like selling of a particular property. Once the particular act is completed, the SPA gets naturally revoked.

A POA creates a special power of agency that entitles the holder to use the principal's name in the transaction entered into. Registration of this document is not compulsory. In case it is to be registered it should be presented at the sub-registrar's office with jurisdiction over the property referred to in the document. Attestation of a POA is not compulsory. However, in order to avoid any disputes, and to establish proof of genuineness it is advisable to get the document attested by two witnesses.

Notarising a POA is as good as its registration. It is presumed that every document purporting to be a POA, which has been executed before and authenticated by a notary public, is conclusive proof. Each page of the document notarised should bear the official stamp of the notary, disclosing his registration number, jurisdiction, and signature. Appropriate notary stamp has to be affixed.

Power of attorney attracts stamp duty, which varies from State to State. Article 41 of the Karnataka Stamp Act prescribes the stamp duties.

Stamp duty payable

If the POA is executed for the sole purpose of registration of documents in relation to a single transaction - Rs 100

For authorising a person to act in a single transaction - Rs 100

For authorising not more than five persons to act joint and severally in more than one transaction - Rs 100

For authorising more than five persons but not more than 10 persons to act jointly and severally in more than one transaction, or generally - Rs 200 In case given for consideration and authorising the attorney to sell property, the same duty as a conveyance for the market value, equal to the amount of the consideration

If given to a promoter or developer along with a joint venture agreement, for construction or development of property situated in Karnataka - Rs 1,000 In case given to a person other than the father, mother, wife/husband, son, daughter, brother, or sister in relation to the executant authorising the person to sell property in Karnataka - Rs 8 for every Rs 100 on the market value of the property. The duty paid on this instrument is adjustable towards the duty payable on the instrument of sale or transfer executed subsequently in favour of either the attorney holder or any other person In any other case - Rs 100 Any POA executed outside India needs authentication. It has to be executed in the presence of certain designated officers - notary public, a court, consul or vice consul, or a representative of the Central Government. These documents need to be stamped within three months from the date of receipt in India

Popular posts from this blog

Surrender ULPPs

  ICICI Pru LifeTime and ICICI Pru Lifestage are Unit Linked Pension Plans. Such insurance linked retirement plans are neither good investments nor do they offer sufficient insurance cover. As you can see, these have turned out to be bad deals. In the Lifetime plan, the fund value is not even equal to the total premiums that you have paid and in the Lifestage plan your return is just about 6% which is quite low. The mortality charges are as per your age which is why they have increased. Moreover, once these plans matures, you will have to compulsorily opt for annuity (regular income) and the annuity rates are generally modest. Assuming these plans mature in the next one year, it will be wise to surrender the plan now and curb your future commitments.   Before you choose to buy a term plan, you have to consider a few points. You need to insure yourself, only during the time you are working and your family is financially dependent on you. At the age of 59, not all insurance companies w...

Sundaram Mutual Fund new plan Sundaram Fixed Term Plan CJ

Sundaram Mutual Fund has announced the launch of a new fund named as Sundaram Fixed Term Plan CJ. The new issue will be closed for subscription on January 30. --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C.   Invest Tax Saving Mutual Funds Online Tax Saving Mutual Funds Online These links can be used to Purchase Mutual Funds Online that are regular also (Investment, non-tax saving)   Download Tax Saving Mutual Fund Application Forms from all AMCs Download Tax Saving Mutual Fund Applications   These Application Forms can be used for buying regular mutual funds also   Some of the best Tax Saving Mutual Funds available are: 1. HDFC TaxSaver 2. ICICI Prudential Tax Plan 3. DSP BlackRock Tax Saver Fund 4. Birla Sun Life Tax Relief '96 5. Reliance Tax Saver (ELSS) Fund 6. IDFC Tax Advantage (ELSS) Fund 7. SBI Magnum Tax Gain Scheme 1993 8. Sundaram Tax Saver   -...

Group Health Insurance

Buy Group Health Insurance Online   For Human Resources, the biggest challenge today is to decide whether medical benefits should be offered to employees or not, what type of plans should be offered, what will be the cost and how will the cost be split between employees and employer. Well, most of these are subjective and would depend on a lot of factors including company size, average employee salary, etc. However, this article will give you a fair idea on how you should go about deciding these factors: 1. Why offer group health insurance benefit to employees : Studies have proved that retention rates among employers offering GHI are much higher than the ones who are not offering. Moreover, the cost of providing this benefit as a percentage of salary is very low as compared to the perceived value. As an example, say if average salary of an employee in your organization is 4 LPA. If you decide to offer a health insurance benefit to him for a Sum insured of ...

Why credit history is critical?

Will you need a loan to buy a car or a house? Do you know why some people get their loans sanctioned quickly without any hassle, whereas others find that their approval is delayed or their application is rejected? If you want a loan, you will need to work to build a solid credit history because this can have a bearing on the ease with which you get loans. Read on to learn more about what is a credit history and how to build a good credit score. What is a credit history? Your credit history is a way of tracking your credit behaviour and habits — basically it shows how disciplined and regular you are when it comes to repaying your dues on loans that you have taken. It will show a complete record of your past borrowing and repayment record including details about any late payments or if you have defaulted on a loan. This track record is readily accessible to lenders and is used by them to when reviewing your loan application. Borrowers who have historically had a bad record of managing...

Commercial Paper (CP)

Invest Mutual Funds Online Download Mutual Fund Application Forms Commercial Paper (CP): These are issued by corporate entities in denominations of Rs.2.5mn and usually have a maturity of 90 days. CPs can also be issued for maturity periods of 180 and one year but the most active market is for 90 day CPs.   Two key regulations govern the issuance of CPs-firstly, CPs have to be compulsorily rated by a recognized credit rating agency and only those companies can issue CPs which have a short term rating of at least P1. Secondly, funds raised through CPs do not represent fresh borrowings for the corporate issuer but merely substitute a part of the banking limits available to it. Hence, a company issues CPs almost always to save on interest costs ie it will issue CPs only when the environment is such that CP issuance will be at rates lower than the rate at which it borrows money from its banking consortium. ----------------------...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now