Free Sample Power of Attorney you can download by clicking below. You can get instant power of attorney using this power of attorney letter but it wont be as much effective as done by a lawyer. Power of attorney needs to be registered to make it more effective and a stamp duty needs to be affixed and Indolegal can you help you do it quickly and low cost.
The power of attorney is one of the most popular legal documents issued in India, and also one of the most powerful. This particular agreement can allow a person to act on behalf of another party, thus making it possible for NRIs to operate their assets in India from abroad, and also for businesses to function properly in India even when they are located outside the country. There are several uses of a power of attorney, and here you will find out some tips on how to make good power of attorney samples.
There are different types of power of attorney samples available, depending on the requirements.
A general power of attorney bestows the right to control all movable and immovable properties anywhere, and is hence the most powerful type of power of attorney letter.
Other types of power of attorney letters are special power of attorney.
Special Power of Attorney Definition: This POA is specific to ones that give one person only a specific right. Special power of attorney agreements include ones to present documentation for registration and for admitting execution. Other specific power of attorney sample letters include those made by company promoters to submit a memorandum and articles of associations before the ROC (Registrar of Companies).
Problems and Issues
Problems and issues in power of attorney are not new. There are several cases of people abusing or being falsely accused of abusing the rights given by a power of attorney. However, such problems are rare; the most common problems you can see when it comes to these agreements are that they are not construed properly. Before you select a POA sample, you need to ensure that it is stamped adequately as well as duly executed and attested. If you are planning to execute a power of attorney in a foreign country, then the papers should include the name of the notary or judge who is sanctioning the agreement. This is required for an Indian embassy consulate representative to legalize the power of attorney.
According to Section 1A of the Powers of Attorney Act, 1882, the power of attorney is defined as an instrument that empowers a specific person to act in the name of or for the person who is executing the agreement. Another alternative definition of power of attorney is given in Section 2(21) of the Indian Stamp Act, 1899, is that it is an instrument- not chargeable with a fee under the law when it is in force- that empowers a specific person to act for or in the name of the executing party.
According to the Indian Contract Act, any adult (of or over 18 years of age) with sound mind may appoint an agent (the specified person who would get the rights). The agent should also be an adult, except when, in some cases, he/she can enter into a contract legally. A corporation can also appoint a power of attorney sample.
The rights and duties of an agent are given below:
1. The agent is obliged to act with reasonable diligence
2. The agent has to render proper accounts to the executor of the power of attorney when demanded
3. The agent is responsible for the direct consequences of negligence, misconduct or lack of skill on his/her part. However, he/she is not responsible for any such problems that are caused by indirect or remote action on inaction.
4. In the absence of any clause in the contract that states otherwise, the agent has the right to retain property or goods of the executor of the agreement, until the due amount has been paid.
5. An agent has the right to be indemnified for any acts done by him in good faith by the executor of the contract.
The following example is for information purpose only and not a attorney client instrument.
Free Sample Power of Attorney – General format
Be it know to all that I, ——- aged —–son of —– and resident of —,appoint —– my lawful attorney in my name and on my behalf to exercise any of the powers and acts here by conferred that is to say:
1. To appoint and engage any lawyer or pleader to take-up legal case on my behalf so that he/she can file a written petition, verify and sign the documents, mail and ship the documents;
2. To act, appear, to exercise power in all the courts, civil, revenue or criminal wether original or appleate. To verify and sign by appearing in any area notified by any party, to appear in Municipal board, Government agency or local, state or national authority;
3.To obtain copies of related documents to any case, and or inspect the records;
4. To pay and to apply for refund of any money for the case proceeding or pay the required stamp duty or repayment of stamp duty. To withdraw any money for proceeding;
5. To pay the court fees. To withdraw and deposit money on my behalf;
6. To grant lease of my vehicles, apartments, house, land both non agricultural and agricultural;
7. To take delivery of my mail, packages and parcels;
8. To take possession of property after normal sale or sale in auction;
9. If any Legal or Government officer or a Court of any level issues a notice or writ, I authorize to accept the summons, notices or writ petitions
10. To file law suits for rent and eviction of tenants following my instruction;
11. To hire and employ agents, workers to complete the necessary task legally on my instruction;
12. Upon my expressed approval to open bank accounts to deposit the money or to close the bank account upon specific instruction;
13. To generally act lawfully in all the needed and necessary acts for all the mentioned purposes on this document.
Add any other powers you would like to extend.
I limit the powers on the below acts-
a)I shall not extend the right To borrow any money from any institution on my behalf;
b)I shall not extend the right to compromise on any matters without my expressed written persmission;
c)I shall not extend the right to withdraw any legal case without my expressed written permission.
Add any powers you want to limit.
I hereby agree that all acts and things done lawfully by my attorney shall be construed as deeds, acts and things done by me and I undertake to verify and confirm that my attorney shall lawfully do or cause to be done by virtue of this deed.
In witness where of I have set my hand at…. in the presence of …….this the….. day of……….20….
Get it notarized
Click below to download a copy of the free sample power of attorney letter
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