Can a POA be given to multiple people?

Yes, a Power of Attorney can be given to multiple people. The principal can decide whether these attorneys should act individually or jointly, which can help in making sound decisions but may also lead to conflicts if not clearly defined. There is no legal restriction on naming multiple individuals. You can appoint as many people as needed, but clearly defining their roles is important to avoid potential conflicts.

How do I verify if a POA is legally registered?

To verify if a POA is legally registered, check with the office where the POA was registered. Some states also offer online registries for this purpose. Ensure the POA is properly drafted, stamped, and notarized, with all required documents attached.

Can a POA be revoked without the holder’s consent?

Yes, a Power of Attorney can be revoked by the principal without the agent's consent, provided the principal is of sound mind. Revocation should be done through a written document and communicated to the agent and relevant parties. Legal help may be needed if disputes arise.

Is an unregistered POA valid for property transactions?

No, an unregistered Power of Attorney is not valid for transferring immovable property titles. The Supreme Court has ruled that property transfers require a registered POA or a registered sale deed. While unregistered POAs may serve other purposes, they cannot legally transfer property rights.

What is Power of Attorney? Meaning, Types & Use in Property Matters

Published: May 2025

Power of Attorney: Meaning, Types, and Charges

Introduction
What is Power of Attorney (POA)?
Why is Power of Attorney Important?
Types of Power of Attorney
Who Can Grant and Receive a Power of Attorney?
How to Draft a Power of Attorney?
How to Check the Authenticity of a Power of Attorney?
Legal Aspects and Risks Associated with POA
How to Cancel or Revoke a Power of Attorney?
Conclusion

The Power of Attorney (POA) is a vital legal instrument that enables individuals to delegate authority to another person for managing their affairs. Whether it's dealing with property transactions, financial matters, or healthcare decisions, a POA offers flexibility and convenience. This blog delves into the power of attorney's meaning, its types, importance, drafting process, required documents, and how to verify its authenticity.

Introduction

In today's fast-paced world, situations often arise where individuals cannot personally handle their legal or financial responsibilities. The Power of Attorney provides a solution by empowering another person to act on their behalf. This document is especially crucial for Non-Resident Indians (NRIs), elderly individuals, or those facing incapacitation due to health issues. For instance, real estate developers like Sameera Estates offer properties such as residential apartments in Chennai, which often involve POA transactions for remote buyers.

What is Power of Attorney (POA)?

The power of attorney refers to a legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal). Governed by the Powers of Attorney Act, 1882, this authorization can be broad or limited in scope, depending on the principal's needs.

Key Points about OC:

⮚ The principal is the person delegating authority.
⮚ The agent is the individual receiving the authority.
⮚ Common uses include property management, medical decisions, and financial transactions.

Why is Power of Attorney Important?

Situations Where a POA is Essential

For NRIs: NRIs often use a general power of attorney for property to manage real estate transactions in India while living abroad.
Elderly Parents: A POA simplifies decision-making for aging parents who may struggle with mobility or health issues.
Legal Incapacities: In cases of illness or disability, a POA ensures uninterrupted management of finances and healthcare.

How It Simplifies Transactions

Enables seamless property sales through a power of attorney for the sale of property.
Facilitates handling investments and legal disputes without physical presence.
Provides clarity in medical emergencies via a medical power of attorney.

Related Blog : Sale Agreement vs. Sale Deed: Know the Differences to Avoid Confusion

Types of Power of Attorney

The types of power of attorney vary based on their scope and purpose: The attorney types:

Type	Description
General Power of Attorney	Broad authority across multiple areas like property, finances, and taxation.
Special Power of Attorney	Limited authority for specific tasks like selling a property.
Durable Power of Attorney	Remains valid even if the principal becomes incapacitated.
Non-Durable Power of Attorney	Valid only for a specified period or task; expires if the principal becomes incapacitated.
Medical Power of Attorney	Grants authority to make healthcare decisions for the principal.
Financial Power of Attorney	Focuses solely on managing finances and assets.
Springing Power of Attorney	Becomes effective only upon specific conditions like incapacitation.

Who Can Grant and Receive a Power of Attorney?

⮚ The grantor (principal) must be legally competent and above 18 years old.
⮚ The grantee (agent) can be anyone trusted by the principal—family members, friends, or professionals.

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How to Draft a Power of Attorney?

Key Legal Requirements:

⮚ Clearly define the scope and limitations of authority.
⮚ Include essential clauses like revocation rights and validity period.
⮚ Ensure compliance with local laws, such as the Indian Registration Act, 1908.

Step-by-Step Process:

⮚ Draft the power of attorney documents specifying roles and responsibilities.
⮚ Get it notarized by a public notary.
⮚ Register it with the Sub-Registrar’s office if it involves immovable property.

Notarization and Registration Process:

⮚ A notarized power of attorney is legally valid, but registration ensures additional credibility.
⮚ Registration is mandatory for immovable property valued above ₹100.

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What are the Chages for Power of Attorney?

The cost varies significantly across different states in India. For instance, a basic Special Power of Attorney typically costs between ₹600 and ₹2,000, including stamp duty and notary fees.

In contrast, a more comprehensive General Power of Attorney might incur higher power of attorney charges, especially if it involves property transactions, where stamp duty can be as high as 1% of the property's market value

How to Check the Authenticity of a Power of Attorney?

Verification Through Government Authorities:

⮚ Visit the Sub-Registrar’s office where the POA was registered.
⮚ Request certified copies if needed.

Notary & Registration Process:

⮚ Check whether the document has been notarized and stamped appropriately.
⮚ Verify registration details under relevant laws. (registering power of attorney)

Online Verification Methods:

⮚ Some states offer portals where you can check occupancy certificates online or verify registered POAs.

Checking for Forgery or Fraudulent POAs:

⮚ Inspect signatures and seals for authenticity.
⮚ Cross-check details with government records to avoid misuse.

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Legal Aspects and Risks Associated with POA

Applicants need to submit:

Misuse of Power of Attorney:
Agents may exploit their authority for personal gain, especially in cases involving property transactions.
Revocation and Cancellation Process:
The principal can revoke a POA by issuing a cancellation deed and notifying all concerned parties.
Court Rulings on POA Misuse in India:
Indian courts have ruled that unregistered POAs cannot be used for title transfers unless explicitly stated in law.

How to Cancel or Revoke a Power of Attorney?

Revoking Power of Attorney is simple

⮚ Draft a revocation deed clearly stating the reasons for cancellation.
⮚ Notify all stakeholders, including banks, tenants, and registrars.
⮚ Publish a notice in local newspapers if necessary.

Conclusion

The Power of Attorney (POA) is an indispensable tool for delegating authority in legal, financial, and medical matters. From managing properties through a general power of attorney for property to ensuring healthcare decisions via a medical POA, this document simplifies complex transactions while safeguarding interests.

However, drafting and verifying a POA requires meticulous attention to detail to avoid misuse or fraud. Whether you're applying for a POA or revoking one, understanding terms like "specific power of attorney" or "irrevocable power of attorney" ensures compliance with legal norms.

Always consult legal experts when dealing with sensitive matters like property sales or healthcare decisions under POA!

Frequently Asked Questions

A Power of Attorney generally terminates upon the death of the principal. The authority granted to the attorney ceases to exist once the principal passes away. Exceptions may apply if the Power of Attorney is coupled with an interest, allowing it to continue for specific purposes. However, these are rare and typically involve vested rights.

Yes, a Power of Attorney can be given to multiple people. The principal can decide whether these attorneys should act individually or jointly, which can help in making sound decisions but may also lead to conflicts if not clearly defined
Also, there is no legal restriction on naming multiple individuals as your Power of Attorney. You can appoint as many people as you wish, such as ten or more, if that suits your needs. However, it's important to clearly define their roles and responsibilities to avoid potential conflicts.

Purpose:

Visit the Registering Authority: Check with the office where the POA was registered to confirm its authenticity.
Government Websites:Some states offer online registries where you can search for registered POAs.
Documentation:Ensure the POA is properly drafted, stamped, and notarized and that all required documents are attached.

Yes, a Power of Attorney can be revoked by the principal without the consent of the agent, as long as the principal is of sound mind. The principal can revoke the POA by issuing a written revocation document and notifying the agent and relevant parties. However, if there are disputes or the agent refuses to acknowledge the revocation, legal intervention may be necessary.

No, an unregistered Power of Attorney is not valid for transferring immovable property titles. The Supreme Court has clarified that unregistered documents, including General Power of Attorney, cannot effectuate the transfer of immovable property titles. While an unregistered POA may be used for other purposes, it cannot be used to transfer property rights without a registered sale deed. Registration is mandatory for POAs related to immovable property transactions in some jurisdictions.

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