Procedure for Registration of Power of Attorney in India and Abroad

A Power of attorney is a formal instrument by which one person empowers another to represent him or act in his stead for certain purposes.

A Power of attorney is a formal instrument by which one person empowers another to represent him or act in his stead for certain purposes. The term “Power of Attorney” is defined under Section 1A of the Power of Attorney Act, 1882 and includes any instrument empowering a specified person to act for and in the name of the person executing it.

There are two kinds of Power of Attorney:

1. A General Power of Attorney (GPA) is one by which authority is given to act for the executor in all matters, or in all matters of particular nature, or concerning a particular business. This POA type confers sweeping & sometimes unlimited powers.
2. A Special Power of Attorney (SPA) is one by which authority is given to do some particular specified act. This POA type confers limited powers & should be the first choice if circumstances allow.

Contents of Power of Attorney:

A Power of Attorney document, whether GPA or SPA is drafted on behalf of the person (Executor) who wishes to appoint a person to carry out tasks on his / her behalf (Attorney). The document has the following essential features:

1. A clear identification of persons who would be Executor & Attorney, respectively, with their addresses & identity clearly defined.
2. A clear and careful definition of the powers that need to be transferred to the Attorney.
3. Registration/authentication of the POA document.

Registration of Power of Attorney in India:

A Power of Attorney requires authentication as provided under Section 85 of the Indian Evidence Act, which reads as under:

“The Court shall presume that every document purporting to be a power of attorney and to have been executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate [Indian] Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”

Authentication means establishing the authorship contemplated by the section, it does not merely mean attestation, it means that the person authenticating it has assured himself of the identity of the person who had signed the instrument as well as the fact of execution.

Therefore, a power of attorney can be got authenticated by and before the following authorities:

1. Notary Public;
2. Court;
3. Judge;
4. Magistrate;
5. [Indian] Consul or Vice Consul;
6. Representative of the Central Government.

Authentication by a notary public  is sufficient for a Power of Attorney not giving authority to register a document. However, if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered.

Registration outside India:

Power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country.

Credentials:

The firm has drafted and facilitated the execution of the Power of Attorney both before the  notary public and the Registrar. The Power of Attorney executed before  notary public has been for general property management purposes such as the collection of debts, receiving sums of money, borrowing money, managing trust and estate, letting out property and collecting rents, appointing agents and servants, selling goods, to take and defend legal proceedings, settle and compromise disputes both in pending and ensuing litigations etc. The Power of Attorney registered before the Registrar of Assurances has been for selling and buying of property, mortgaging property etc.