POWER OF ATTORNEY

Power of Attorney is a document of agency or a formal arrangement by which one person

(Principal) gives another person (Attorney or Agent) authority to act on his behalf and in his
name. As per the Power of Attorney Act, 1882:
“Power-of-Attorney includes any instruments empowering a specified person to act for and in
the name of the person executing it.”
A Power of Attorney may be a general or special power. A General Power of Attorney covers
more than one subject matter while a Special Power of Attorney relates to a specific subject
matter, though it may contain several powers relating to the same subject matter. Power of
Attorney is required to be stamped but need not be mandatorily registered.

What is a General POA?

A general power of attorney gives the power to the person appointed under it to act on behalf of
the principal on all matters as permitted by law. The agent under a general POA agreement may
be authorised to take care of issues such as signing cheques, handling bank accounts, filing taxes,
selling property and assets like stocks, etc. on behalf of the principal.

What is a Limited Power of Attorney?

A limited power of attorney gives the agent the power to act on behalf of the principal only in
specific matters or events. For example, the limited POA may state that the agent is only allowed
to manage the principal’s retirement accounts. A limited POA may also be limited to a specified
period of time.

Things to Include In POA For Property

When you make the General Power of Attorney deed as mentioned above, always remember to
be cautious about the clauses that you include. The Powers granted should clearly explained in
the deed. Remember the following while making the deed:

 Grantor Details- The name, age, address and occupation of the person who grants the
power (Grantor) should be mentioned first.
 Attorney Details- The name, age, father’s name, address and occupation of the person to
whom the power is granted (Attorney) should be described next.
 Reason for Giving Power- The valid reason for granting the power should be stated
clearly, for Eg. staying abroad or hospitalised etc.
 Details of Powers granted- Mention all the details of what the Attorney is empowered to
do and what not to do very clearly. For eg. whether the Attorney has the right to sell or
only buy or just maintain a particular property. You can differentiate the type of powers
with respect to the different types of properties. Remember that you are responsible for
any Acts done by the Attorney under this deed.
 Date and Place- The date and place of making the deed should be mentioned clearly and
also the date when the Power starts operating should also be mentioned separately.
 Signature of Grantor- The Grantor has to place his signature at the end of the document
and also in the bottom of all pages.
 Signature of Two Witnesses- Two Witnesses are required to place their signature with
their name, address and phone number and date stating that they have witnessed the
Grantor sign the deed.