Making General Power of Attorney Making General Power of Attorney

3 years ago

Hi,
I need to make a general power of attorney on behalf of me as I am going abroad. I need my mother represent on behalf of me for a case. Also I need her to represent on my behalf for a property which has both land and house. Note that this property is in the name of my Father(who died already). There are three legal heirs which includes me, my mother and my sister. What all documents that we need and what would be the cost?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Registration of all power of attorney is not compulsory.
Only in certain states in case the power-of-attorney relates to transfer of immovable property possession whereof has been or is handed over to the attorney holder or where Irrevocable power of attorney relating to the transfer of immovable property is made, that the deed of power of attorney is required to be registered.
The registration of all other power of attorneys is optional. Yet a registered document carries with it a presumption that it was validly executed. Consequently, it is for the party questioning the genuineness of the transaction to show that transaction was invalid.
Therefore, to preempt any possible attack that power of attorney was not duly executed, it can always be registered.
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Anik

Responded 3 years ago

View All Answers
A.Hi,
To be able to execute a Power of Attorney, you would require to first generate one. To generate power of attorney form:
1. Download basic power of attorney form,
2. Enter the details required corresponding to the Principal as well as of the agent, including the details regarding the rights and power to be granted and the details about the respective subjects in question.
3. Ensure to add the time frame (from, to) for the duration for which the legal document will remain effective for your own protection and security. Whenever required, this document can always be renewed.
4. Suggest a Notary for cases where you would like the Power of Attorney to be effective in times of crisis. This will help and give the Attorney-in-fact to take action when required.
5. Enter the date when you signed the document.
6. Sign as the Principal to finally authorize the Agent using the Power of Attorney.

Generally, the stamp duty payable for a power of attorney is Rs 100. The cost would differ accordingly.
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