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POWER OF ATTORNEY
The Powers of Attorney Act, 1882 deals with laws relating to power of attorney. According to the
Powers of Attorney Act 1882, power of attorney includes any instrument empowering a specified
person to act for and in the name of the person executing it (Section 1-A).
A power of attorney is a document created by one or more persons give authority to one or more
persons to act in his/her or their behalf. It is a written authorization given to represent on behalf of
another person in his/her private affairs, business or some other legal matters. Some examples are,
Contracts, Agreements
1. To enter into contracts, agreement
2. To make, sign, execute, and deliver, acknowledge any contract, agreement
The Power of Attorney in land issues
1. To sell, exchange, lease, mortgage, collect rents, grant.
2. To execute all deeds, bonds, notes, checks, drafts, money orders.
3. To settle, compromise, and adjust all the matters relating to lands.
Bank accounts, Certificates of Deposit, execution of cheques

1. To create or withdraw any bank accounts, certificates of deposit.

2. To make, execute, endorse, receive and deliver any and all cheques and drafts.
3. Deposit and withdraw amounts, acquire and redeem certificates of deposit, in banks, savings
and loan.
Tax returns, Insurance and documents and court proceedings
1. To sign and file all tax returns, insurance forms and any other documents.
2. To represent in all matters concerning tax, insurance and court proceedings.
Stocks, Bonds, and Securities

1. To sell shares, bonds, or securities.

2. To make, execute, and deliver any assignment, or assignments, of any such shares of stock,
bond,

or

other

securities.

DEFINITION: POWER OF ATTORNEY

Section 2(21) of Indian Stamp Act, 1899 defines power of attorney. Power of attorney includes any
instrument (not chargeable with a fee under the law relating to court fees for the time being in force)
empowering a specified person to act for and in the name of the person executing it.

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The power of attorney is generally a delegation of authority to someone in writing. Generally, the
giver of the authority or the executor is called donor or principal. The recipient or the taker is called
donee or attorney or agent. There are two kinds of power of attorney.
1. General Power of Attorney.
2. Special Power of Attorney.

1. General power of attorney

The authority has been given to act for the principal in all matters, or in all matters of particular nature
or concerning a particular business.

2. Special Power of Attorney

The authority has been created or given for doing some particular specified act. Once the particular
act is completed, the special power of attorney naturally gets revoked or the power of the holder gets
exhausted.

ELEMENTS OF POWER OF ATTORNEY

Following are to important elements of a Power of Attorney.

1. No particular form is prescribed. The important thing is that the power has to be clearly
determined in the power of attorney by the principal in a proper manner.

2. Generally while drafting power of attorney, the heading or the description of the deed has to be
clearly indicated. That is the General Power of Attorney or the Special Power of attorney.

3. Deeds are generally classified into deed poll and indentures. These words, deed poll and
indentures are following in England. Generally, deed poll is a unilateral deed and is executed by one
person whereas indentures is a bilateral or multilateral deed and is executed by two or more
persons. In India, we are using in a word called instrument. This is defined under Section 2 (4) of the
Indian Stamp Act, 1899. According to this section 2(4), instrument as including every document by
which any right or liability is or purports to be created, transferred, limited, extended, extinguished
or recorded.

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If it is in the form of deed poll, it usually starts in the first person and an indenture always in the third
person. Deeds poll generally commence with capital letters:
KNOW ALL MEN BY THESE PRESENTS, I or We
Or
TO ALL TO WHOM THESE PRESENTS SHALL COME GREETING. I or We

4. Recitals (Non-operative part in document) contain a brief history or motive for making any
transaction. It generally starts with WHEREAS the parties are desirous of or have agreed on some
particular course of action. In power of attorneys, there will be a recital clause.

5. Testimonium (Formal part in document), it set forth the fact that the party has signed the deed. If
there are recitals, the date is written at the end of the deed in the testimonium clause, thus: IN
WITNESS WHEREOF I,.......Ragav......... have set my hand hereunto, on this......5th........... day
of....August 2013 at Erode.............

6. Power of attorney after giving specific powers to the attorney usually winds up with these general
words: Generally to do all such other lawful acts and things as my attorney shall think advisable for
the purposes aforesaid as fully and effectually in all respects as could do myself. It is necessary to
point out that these general words do not extend or widen the authority of the power of attorney to do
other acts besides those which he is specifically authorized to perform.

7. If a power of attorney appoints more than one attorneys they should be appointed as follows:
Jointly and every two or more and each of them severally my attorney or attorneys. If the
appointment is not joint and several all the attorneys appointed must act jointly. One attorney acting
alone cannot bind the principal and his act is not valid.

8. Infact, there is no law requiring attestation and registration. If a person want to register the
authority under section 32 of the Registration Act, 1908 it must be executed before and authenticated
by the Registrar or Sub-Registrar. After a power of attorney is written out, it is desirable that it should
be attested by witness. In order to avail the presumption under the Evidence Act section 85, it is
advisable.

9. In case if a person is getting authentication and executed before the Notary Public or any court,
Judge, Magistrate, Indian consul or Vice-Consul, or representative of the Central Government under
Section 85 of the Indian Evidence Act, 1872, there is no need to register under Section 32 of the

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Registration Act, 1908. If they have already registered, they does not get authentication under Section
85 of the Indian Evidence Act, 1872.

10. The power of attorney can be revoked at any time.

6. Stamp Duty:
(a) Stamp duty for the power of attorney is payable under Article 48 of the Indian Stamp Act, 1899.
(b) A deed cancelling the power of attorney is chargeable under Article 17 of the Indian Stamp Act,
1899.

SPECIAL POWER OF ATTORNEY FOR ADMITTING EXECUTION

TO ALL TO WHOM THESE PRESENTS SHALL COME, I .Ragav, son of Mohan, permanent
resident at Sullipalayam, Kambam taluk, Thanee District, an Indian Inhabitant.
WHEREAS I have executed a Deed of Conveyance of the property described in the Schedule
hereunder written in favor of Kumar the Purchaser.

AND WHEREAS the said Deed is required to be lodged for registration (or is lodged for registration)
in the office of the Sub-Registrar at Perundurai.

AND WHEREAS I am unable to appear before the Sub-Registrar for admitting execution of the said
Deed relating to the said property as I am residing away at Perundurai.

AND WHEREAS I am, therefore, desirous of appointing Sundar as my Attorney to attend the office of
the Sub-Registrar to admit execution of the said conveyance on my behalf and which the said attorney
has agreed to do,

NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I do hereby nominate, constitute and
appoint Sundar to be my true and lawful Attorney for the purpose expressed that is to say 1. To present and lodge in the office of the Sub-Registrar of Assurances at Perundurai and to admit
execution of the Deed of Conveyance dated 23-04-2014 executed by me in favor of Kumar the
Purchaser and to do all acts and things necessary for effectively registering the said Conveyance.
2. AND I DO HEREBY agree to ratify and confirm all and whatever my said Attorney shall or
purport to do or cause to be done by virtue of these presents.
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IN WITNESS WHEREOF I have put my hand this day 5th day of July, 2014.

SIGNED AND DELIVERED BY THE EXECUTOR: Ragav

In the presence of (witnesses)

1. Ramu
2. Anbu

Solemnly affirmed and signed before me at Perundurai, this day of July 2014
Before Sub-Registrar (Authentication and signature and seal)

REASONS FOR INSERTING WORDS WHILE DRAFTING POWER OF

ATTORNEY

1. In first Para there is no recital so it starts with TO ALL TO WHOM THESE PRESENTS SHALL
COME,
2. It is a unilateral deed so it starts with first person, TO ALL TO WHOM THESE PRESENTS SHALL
COME, I
3. In subsequent paras, the reason for making such power of attorney has been mentioned so it
starts with WHEREAS
4. Next para he is addressing to his attorney with recitals so it starts with NOW KNOW YOU ALL
AND THESE PRESENTS WITNESS
5. In the last para he gave authorization to attorney. So it starts with AND I DO HEREBY
6. In the testimonium para, it starts with IN WITNESS WHEREOF
7. The witness two. In fact no law requires witness attestation. But in practicality they are putting
witnesses for the presumption laid down under 85 of Indian Evidence Act, 1872.
8. Authentication by the Sub-Registrar at the time of registration.

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SAMPLE UNREGISTERED DEED

SPECIAL POWER OF ATTORNEY TO EXECUTE THE SALE DEED AND PRESEN T IT

FOR REGISTRATION

KNOW ALL MEN BY THESE PRESENTS that I, __________, S/o ______, R/o __________, send
GREETINGS

WHEREAS presently I am residing at ______ and I intend to sell my property at _____(details

regarding location, measurement etc. of the property)

AND WHEREAS it is not convenient for me to visit _____ time and again for the formalities related
with the sale.

I, do hereby nominate, constitute and appoint CD, S/o ______, R/o __________, to be my true nd lawful
attorney for me and in my name on my behalf to do or cause to be done all or any of the following
acts, deeds, matters and things that is to say:

1. To negotiate, sell and execute the sale deed and necessary forms and papers relating to the
execution of the sale of the property more fully described above.

2. To declare the value of the above property before the Sub-Registrar for purposes of registration of
the sale deed.

3. To appear before the Sub-Registrar of district and to present for registration the deed, to admit the
execution thereof to do any act that may be necessary for the registration of the said document and to
receive it back when it has been duly registered and to sign and deliver a proper receipt for the
same.

AND I DO HEREBY agree that all acts, deeds and things lawfully done by my said attorney shall be
construed as acts, deeds and things done by me and I undertake to ratify and confirm all and

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whatsoever that my said attorney shall lawfully do or cause to be done for me by virtue of the power
hereby given.

IN

WITNESS

WHERE

OF,

have

signed

this

deed

on

this

day

of

___________

Signed and delivered by the above named

WITNESS:
1.
2.

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GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT, 1). I, NARESH son of Mr. Ramasamy, residing at D.
No 5/345, Lakshmi Nagar, Nalan Road, Erode District, do hereby appoint, nominate and empower Mr.
MANISH son of Mr. Sekar, residing at Parur, Bavani, Erode District, as my lawful attorney in India,
since I intend to purchase, sale or to lease immovable and movable properties in India, for which I am
unable to attend in person on account of my job in U.S.A, I do hereby authorize the above named
Attorney to do the following for me and in my name and on my behalf, execute all or any of the acts
and things, namely

1. To purchase, sale or to lease or let it out and to collect rents there from any movable or
immovable properties in India.
2. To negotiate and enter into agreement or agreements for the purchase, or sale of the above
said properties and enter into settlement.
3. To receive the payment and issue receipts for the related transactions.
4. To make payment for the purchase of the property, to sell the property and receive the
payment for the sale of the properties and sign in the sale deed/deeds, to appear before the
concerned Sub-Registrar or Registrar, sign any declaration and the endorsement for the
purpose of registration of documents and do such other acts, necessary for the registration of
the documents.
5. To develop or construct the building over the land/site and to apply for the utilities like
electricity, water etc., as he thinks fit for the development and welfare of the property.
6. To take possession of the property that may be purchased in my name and administer the
same to my advantage, to lease or let it out and to collect rents there from and to pay the
Government/Local Body taxes regularly.
7. To open bank account, operate bank transactions and issue cheques.
8. To open and operate account for purchase/sell of shares and stocks.
9. To apply and obtain loans from bank or financial institutions and create mortgage or
registered mortgage, other records and sign necessary applications/papers in that respect
and to appear for and represent on behalf me bank or financial institutions.
10. To appear before the local bodies and competent authorities to effect mutation of names in
the revenue, Municipal, Electricity Board and other records and sign necessary application in
that respect and to appear for and represent me before any office, Government or local body
in all matters and things relating to the said property.
11. To keep a true and correct account of all income and expenditure and shall render an account
of all income and expenditure to me annually.

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12. Generally to do other lawful acts or things that are necessary to purchase of immovable
property or properties in my name.
13. To appear in all Central and State Government offices, to appear in all civil and criminal
courts, to act in the courts as applicant, petitioner, plaintiff, defendant or respondent, to
appoint Advocates, to sign on vakalat, to retain Advocates, to make compromise to sue, and
be sued, to withdraw, to receive Registered post etc.,
14. I DO HEREBY agree that all acts, deeds and things that are lawfully done by me above said
attorney shall be construed as acts, deeds and things done by me and I undertake to ratify
and confirm all and whatsoever that my said attorney shall lawfully do and cause to be done
for me by virtue of the power hereby given.
15. I also declare that no consideration has passed for execution of this General Power of
Attorney and that no remuneration whatsoever has been paid to the Agent.
IN WITNESS WHEREOF, I, NARESH, have said my hand hereunto on this 23rd day of JULY 2014.

Executant
Witnesses
1.
2.

Solemnly affirmed and signed before me at Erode, this 23 rd day of July 2014.
Notary Public (Sign and seal)

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SAMPLE FORMAT OF SPECIAL POWER OF ATTORNEY REGISTERED

SPECIAL POWER OF ATTORNEY TO PRESENT DOCUMENT FOR REGISTRATION

BY THIS POWER OF ATTORNEY, I PRIYAVARTHAN son of KUMAR resident of SAKTHI NAGAR,
ERODE do hereby appoint RAGHU son of Shri MATHAN resident of KANGAYAM TALUK,
THIRUPUR as my attorney for me and on my behalf to appear before the Sub-Registrar of
KANGAYAM and to present and lodge before him for registration of the deed of conveyance dated
the 15-08-2014 made between me and Shri PREM son of SELVAM resident of KANGAYAM TALUK,
SIVAN MALAI executed by me on the DATE OF 13-04-2014 to admit on my behalf the execution of
the said deed of conveyance by me and receipt of sale consideration by me and to do any act, deed
or thing that may be necessary for effectively registering the said deed of conveyance.
AND I DO HEREBY agree to ratify and confirm all and whatever my said Attorney shall or purport to
do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have executed this power ON 15-06-2014
Signed and delivered by the within named
PRIYAVARTHAN
WITNESSES;
1.
2.
Identified by me
( ) Before me
Advocate Notary Public

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