ASSIGNMENT FOR POWER OF ATTORNEY-

Question 1- What is general power of attorney? Explain the different kinds of power of
attorney.
Question 2- Write a short note on-
a. Registration and Execution of power of attorney
b. Revocation of power of attorney
Question 3- Draft a power of attorney in favour of your brother/sister giving them power with
respect to all the matters related to your property.

Answers:
A1)
A power of attorney allows a person you appoint -- your "attorney-in-fact" or agent -- to act
in your place for financial or other purposes when and if you ever become incapacitated or if
you can't act on your own behalf. There are four main types of powers of attorney.

 Limited. A limited power of attorney gives someone else the power to act in your
stead for a very limited purpose. For example, a limited power of attorney could give
someone the right to sign a deed to property for you on a day when you are out of
town. It usually ends at a time specified in the document.
 General. A general power of attorney is comprehensive and gives your attorney-in-
fact all the powers and rights that you have yourself. For example, a general power of
attorney may give your attorney-in-fact the right to sign documents for you, pay your
bills, and conduct financial transactions on your behalf. You could use a general
power of attorney if you were not incapacitated, but still needed someone to help you
with financial matters. A general power of attorney ends on your death or
incapacitation unless you rescind it before then.
 Durable. A durable power of attorney can be general or limited in scope, but it
remains in effect after you become incapacitated. Without a durable power of
attorney, if you become incapacitated, no one can represent you unless a court
appoints a conservator or guardian. A durable power of attorney will remain in effect
until your death unless you rescind it while you are not incapacitated.
 Springing. Like a durable power of attorney, a springing power of attorney can allow
your attorney-in-fact to act for you if you become incapacitated, but it does not
become effective until you are incapacitated. If you are using a springing power of
attorney, it is very important that the standard for determining incapacity and
triggering the power of attorney be clearly laid out in the document itself.

A2)
a) Registration Of Power Of Attorney
Under the Indian Registration Act, registration of a general power of attorney is not
mandatory but it is highly recommended to get the POA notarised in the presence of 2
witnesses. However, if the purpose of creating the POA involves an immovable property, it is
compulsory to get the Power of Attorney registered with the office of Sub-Registrar which
has the jurisdiction over the area where the principal resides.

Stamp duty needs to be paid for registration of the Power of Attorney and for it legally
acceptable as evidence before the court. In case of non-payment of stamp duty, the POA
cannot be used as evidence in case of legal conflict and the person executing the document
can be fined for up to 10 times the original stamp duty.

The Power of Attorney registration process includes the following formalities:

 Drafting of the Power of attorney whether general or special, by a documentation

lawyer in India.
 Submitting the Power of attorney with the Sub-Registrar.
 Attaching the supporting documents with the Power of attorney.
 Attesting the Power of attorney before the Registrar.
 Attesting of the Power of attorney by 2 witnesses.

b) Section 201 of the Indian Contract Act, 1872 provide with certain conditions for
revocation. They are discussed here-under: -
The ‘Principal’ wants to revoke the ‘POA’ granted to the ‘Agent’.
Either of the ‘Principal’ or ‘Agent’ become unsound. 
Either of the ‘Principal’ or ‘Agent’ are declared to be insolvent by a competent court of law
having jurisdiction. 
The holder of the ‘POA’ wants to renounce or give away his powers.
 The purpose for the execution of such ‘POA’ is completed. 
Situations where there is ‘Implied Revocation’ mentioned in the terms of such ‘POA’
executed between the parties.
A3)
BE KNOWN TO ALL BY THESE PRESENTS THAT I SALONI SINGH (hereinafter called
the EXECUTANT), do hereby appoint, nominate, authorize and constitute MR.SAGAR
SINGH as my true legal and lawful General Attorney in respect of my property bearing
number B11A APARMENTS RAILWAY ROADS, GHAZIABAD,UTTAR PRADESH with
the free hold rights of the land under the said flat.

I hereby empower my above named attorney to do the following acts, deeds and things in my
name and on my behalf:-
1. To Manage, Control and supervise the aforesaid flat in all respect, to sign the Sale Deed
and to get the same registered with the Registration Authorities. He can sign all kinds of
forms/affidavit/undertakings documents etc. which are necessary on my behalf. He can also
obtain supplemental rectification Deed for this flat in due course.
2. To enter into sale agreement, to receive earnest money, part payment if any and to execute
the said sale agreement and receive final consideration amount in his own name.
3. To execute the Sale Deed, sign, verify and present the same for registration in the office of
the Sub Registrar, Delhi to admit its execution, to receive the sale consideration, give
statements and do all other acts deeds and things which are necessary for the same.
4. To apply and obtain the necessary sale permission through the NO OBJECTION
CERTIFICATE from the concerned departments.
5. To enter into Rent Agreement in respect of the aforesaid flat or its part, to execute Rent
Agreement, to receive advance, to receive security, to issue rent receipt, to deliver possession
to get the tenant evicted through the process of law or by negotiation, to take back possession
of the aforesaid flat.
6. To obtain permission for selling this flat from the competent Authority in his favour or his
nominee and fulfill necessary formalities in this regard.
7. To sign all kinds of prescribed forms/affidavit/undertaking/ document on my behalf.
8. To get the aforesaid flat transferred and mutated in the record of the concerned authority.
9. To execute a WILL regarding this flat in favour of any person of his choice. In that the
WILL executed by me regarding this very flat shall be deemed to have been
cancelled/withdrawn.
10. To submit a building plan for additional and alterations on the said flat and to submit
necessary estimates etc. for the purpose.
11. To deposit House Tax, Electricity and Water Charges or any other dues and demands to
the concerned authority.
12. For any of the aforesaid purposes, to do the following acts deeds and things under his
own signatures:
(a) To reply to the letters and notices, to make correspondence, to make representations, to
make petitions.
(b) to sign, execute submit and present forms etc.
(c) to sign, submit and execute affidavits declarations, indemnity Bonds, Surety, Bonds,
undertakings, No objection etc.
(d) To produce documents and to give statements.
13. To execute, sign and present all kinds of suits, plaints complaints, Appeals, Revision,
Statement, Applications, in connection with the aforesaid flat and its management.
14. To proceed with the conduct of all court proceedings for this flat and its management and
appoint an advocate for the purpose.
15. To compromise compound or withdraw court cases, to appoint architectures to proceed
with arbitration proceedings, to engage lawyers, to deposit and withdraw money, to execute
decree, to receive and recover the decreed amount, issue receipts and to take necessary steps
for the purpose.
16. To appoint anyone else as further General Attorney with such power as are considered
necessary by his for this flat and to delegate all these powers on the said attorney.
17. I admit that this General Power of Attorney shall remain irrevocable under all
circumstances.
18. I, the Executant have also executed an Agreement to sell in respect of the said flat and on
the request of the said purchaser. I have executed a General Power of Attorney in favour of
the said MR.SAGAR SINGH so as to conclude the sale after the registration of Conveyance
Deed of the said flat in his favour or in favour of his nominees and I also hereby ratify and
confirm that all acts, deeds and things done by the said Attorney for this flat shall be binding
on me in all respects.
IN WITNESS WHERE OF I have executed this General Power of Attorney at GHAZIABAD
on this 27TH day of MARCH 2020 in the presence of the following witnesses:

EXECUTANT
SALONI SINGH
WITNESSES:
1.
2.