Power Of Attorney
A power of attorney is an important legal document wherein one person gives authority/ right to perform any act on any particular matter(s) to any agent/ another person. A power of attorney is generally revocable in its nature. If it is registered then it can be revoked by a deed of cancellation. There must be two parties Principal & Agent.
The authority of an agent is discussed under chapter X of the Indian Contract Act, 1872. A power of attorney is an instrument empowering a specified person (s) to act for, in the name of, the person executing it. It is always kept by the attorney. If made generally for certain acts then it is called General Power Of Attorney. If the principal appoints person(s) as agent(s) for performing any special acts, it is known as Special Power Of Attorney.
An agent is a person employed to do any act for another / to represent another in dealing with third persons. The person for whom an act is done/ who is so represented, is called Principal.
The essential key features of Power Of Attorney-
- Any competent person can appoint an agent for any particular act(s);
- Introductory Details of the Principal & Agent(s) and the purpose of appointing agent(s);
- Enforcement date of agent(s) contract;
- There must be some points regarding the extent of agent’s authority & agent’s duty;
- Construction Of Power Of Attorney where such clause should strictly be construed. Persons dealing with others acting under powers should enquire into the authenticity of the documents;
- An act done under POA (Power Of Attorney) is challenged as being in excess of the authority conferred by the power, so it is necessary to show the construction of the whole instrument. Therefore good drafting of such instrument is required.
- Power of attorney can be made by Company/ any NRI ;
- The POA can be made for many reasons. One of the reasons is for recovery of debts;
- Termination of POA clause has to be mentioned in the draft. Power of attorney can be notarized. Registry of POA is optional. Registered POA has more legal weight than the unregistered POA.
How to get your Power of Attorney made through DiLSEWiLL-
- Please do connect to our Customer Care Executive at 9830648068/8017053224. You may also mail your queries to [email protected]. Live chat is functional on our website from 10:30 am to 7:00 pm on weekdays.
- A quotation shall be emailed to you after taking all necessary information from your end
- After approval of the quotation, the agreed charges will need to be deposited by you.
- The procedure for drafting the Power of Attorney will then be initiated.
