DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

DRAFTING,PLEADING AND CONVEYANCING

TOPIC-POWER OF ATTORNEY

SUBMITTED TO- Dr. Shakuntla ‘Sangam’

SUBMITTED BY- Sachin Yadav
ENROLLMENT NUMBER- 220101127
SECTION-B
SEMESTER-6TH
 ACKNOWLEDGEMENT

I would like to take this opportunity to extend a word of my gratitude to

the esteemed ‘Drafting, Pleading and Conveyancing’ teacher Dr.
Shakuntla “ma’am” who has been a constant source of inspiration for
me in the pursuance of this project. He has been gracious enough to
guide me on the right path which has enabled me to strengthen my
efforts pertaining to the comprehensive research and efforts put into the
making of this project. I would also wish the reader of my project a
knowledgeable experience. The project has been researched
meticulously and has been materialized whilst making sure that the
utmost level of care and finesse is undertaken so as to see that the
information mentioned is concurrent with the highest benchmarks of
accuracy, precision, and perfection.
 DECLARATION

I hereby declare that this project report submitted by me to Dr. Ram

Manohar Lohiya National Law University, Lucknow in partial
fulfillment of requirement for the award of degree of BALLB(Hons) is a
record of bona fide project Work carried out by me under the guidance
of professor Dr. Shakuntla “ma’am”. I further declare that the project
reported on this project has not been submitted and will not be submitted
either in part or in full for the award of any degree or diploma in this
Institute or any other Institute or any University.

SACHIN YADAV
220101127
 CONTENTS

1. What is the Power of Attorney?

2. Why is the Power of Attorney Important?
3. Types of Power of Attorney
3.1. 1. General Power of Attorney (GPA)
3.2. 2. Special Power of Attorney (SPA)
3.3. 3. Durable Power of Attorney (DPA)
3.4. 4. Medical Power of Attorney
3.5. 5. Irrevocable Power of Attorney
4. Laws Governing Power of Attorney in India
4.1. Key Provisions of the Powers of Attorney Act, 1882
4.2. Process of Executing a Power of Attorney in India
4.3. Key Considerations for a Power of Attorney
5. How to Revoke a Power of Attorney
6. Download Power of Attorney Format
7. Conclusion
Introduction
The power of attorney is power when individuals, when authorized by principle,
carry out certain duties and responsibilities on behalf of the principal. We respect
to India it is several contexts in function such as financial contract real estate
functionality and some other medical choices. Empowering a person with power of
attorney incorporates various duties to the individual on the part of the principal
who is liable to act on the part of the principle.
What is Power of Attorney?
A Power of Attorney1 is a legal document in which the principal gives an agent the
authority to carry out tasks and make decisions for them. This assignment of
authority is usually essential when the principal is unable to carry out these tasks
for reasons like illness, travel, or other obligations2.
The individual granted authority, called the attorney-in-fact, is required to act in
the principal’s best interest. Based on the kind of POA, the attorney-in-fact may
possess extensive authority or be restricted to certain responsibilities.
Why is the Power of Attorney Important?
Assignment of Duties: A POA is beneficial when you require someone to oversee
your financial or legal matters, particularly when you are unavailable or unable to
do so.
There are certain legal safeguards which come into play when a duty is authorized
to the agent on the part of the principal and if the agent defaults on his part, then
there will be legal consequences which he or she has to face.
With respect to the adaptability of power of attorney it is very customized in IT
usage. The conditions of the agreement can be made as per one's own convenience.
The power of attorney can also be devolved to a person when it comes to making
several medical decisions which are crucial to making by an individual on the part
of another. It puts liability on the person who is taking the decision on the part of
the principal.
1
The Powers-of-Attorney Act, 1882 (7 of 1882): With Model Specimens of Power of Attorney
(Universal Law Publishing) <https://books.google.co.in/books?id=_BRU1_2BCN0C>.
2
Earthwork monitoring: a project management system. Institution of Civil Engineers
Conference on Vegetation and Slopes, Oxford. 29-30 September 1994 - High Volume
Transport. https://transport-links.com/fcdo-publications/earthwork-monitoring-a-project-
management-system-institution-of-civil-engineers-conference-on-vegetation-and-slopes-
oxford-29-30-september-1994
Categories of Power of Attorney
If I talk about the different powers of attorneys which exist, they are divided on the
basis of objective, which is to be achieved by each one of them and guided by
separate authorities severally.3
General Power of Attorney (GPA)
It is the most wholesome type of power of attorney which includes the
functionality of agent in all of the matters whether it will legal or financial on the
part of the principal to act on it. Some of the matters which it incorporates are real
estate transactions or any other business dealing with a legal issue which is
relevant to discuss. However, the GPA is undermined if the principle is unable to
act or dies.
Essential Aspects:
-Delegates authority to the agent to act in all issues unless stated otherwise.
- Becomes void upon the principal's death or inability to act.
- Frequently utilized in commercial and real estate dealings.
Limited Power of Attorney (LPA)
A Special Power of Attorney pertains to particular tasks or actions that the
principal assigns to the agent. For instance, the principal may give the agent the
power to sell a property or handle a particular transaction. After the task is
finished, the SPA is rendered null.
Main Highlights:
There is another type of attorney known as the special power of attorney. The
functionality of such power of attorney is that it directs the Agent of the principle
to perform the specific task and once the task is over the special power of attorney
is held null.
Key elements:
Restrict itself to specific activities mentioned by the employer to perform on
his/her part.
The authority expires as soon as the task authorized to do is completed.
3
AB Kafaltiya, Textbook on Pleadings, Drafting & Conveyancing (Universal Law Publishing
2010) <https://books.google.co.in/books?id=Hvq6B3iyXrUC>.
Can we use it in individual transactions including selling properties and submission
of tax documents.
3. Durable Power of Attorney (DPA)
This type of power of attorney remains functional even if the principle is disabled
by an illness or an accident. This type of power of attorney is found to be useful
when there are decisions with depend upon longer term and bearing on future
decisions such as management of finances or medical healthcare choices.
The principal’s disablement does not lead to the durable power of attorney to be
ineffective. It has been on various decisions which are of medicinal relevance or
financial involvement.
4. Healthcare Power of Attorney
This type of power of attorney comes into play when the decisions which are to be
made related to chronic illness and the extenuating circumstances where urgent
decision making is required and is to be made by the agent on the part of the
principal when he is unable to do so.
Agent has been revolved full authority on part of the principal to take decisions.
Its enforcement arises only when the principal is disabled on his part to decide and
make decision efficiently.
5.Non-revocable Power of Attorney
With respect to the non-revocable power of attorney it can only be removed or
cancelled when both of the parties’ consent to it. It can only be enforced in
situations where the authority possessed by the agent is enforceable.
Mutual agreement is the necessity to carry out this power of attorney.
It is Incorporated contractual or financial commitment.
It regulates agreement pertaining to power of attorney in India along with it
confirm it to the Indian Contract Act and various other relevant laws. It specifies
several obligations, duties and rights on the part of the principal of the agent.
Key Provisions of the Powers of Attorney Act, 18824

4
M Shenkman and E Jonathan Blattmachr, Powers of Attorney (Ebookit.com 2015)
<https://books.google.co.in/books?id=lNjFBgAAQBAJ>.
Authority to Act: The legislation outlines the powers that may be assigned to an
agent, encompassing both financial and legal issues.
Registration: A POA concerning immovable property must be recorded under the
Registration Act, 1908.
Revocation: The principal has the ability to cancel a POA at any moment, except
when it is inherently irrevocable.
Termination: A Power of Attorney automatically ceases upon the death or
incapacity of the principal, unless it is a Durable Power of Attorney.
Procedure for Implementing a Power of Attorney in India5
If you want to carry out power attorney in India, it is a multiple step procedure to
ensure effectiveness.
The foremost or requires the conditions being late down in the power of attorney
agreement and if there in limitations they should also be mentioned under the
agreement.
Stamp Duty: Power of Attorney must be executed on non-judicial stamp paper,
and the stamp duty amount varies based on the state where the Power of Attorney
is executed.
Notarization: Once the principal and the agent have signed the POA, it needs to
be notarized by a public notary. In certain instances, registration is required,
particularly when handling real estate.
Talking about the registration of power of attorney, it suggests if the property
associated is immovable then only registration is required else not.
Important Factors for the Power of Attorney
Being reliable is a factor which needs to be considered while selecting agent under
the power of attorney. The agreement of power of attorney should be very explicit
in its content, it should not be vague in any aspect and demarcate the rights and
liabilities of the parties categorically.
Conformity to the various legal standards should be taken while selecting the
condition under POA, and for that, if any assistance is required. You can hire legal
personnel to avoid the defect.
5
‘The Powers-Of-Attorney Act, 1882’ <https://indiankanoon.org/doc/1232250/> accessed 12
March 2025.
Revocation: Understand the procedure for canceling the POA if you don’t need it
anymore or if the agent isn’t acting in your favor.
How to Revoke the Power of Attorney6
If the agent is not performing as per guidelines mentioned under the POA or if the
objective sought to be achieved by it is fulfilled, then the principal can cancel the
POA by giving written notice and ensuring all the parties relevant to aspect should
have been properly informed.
one can also declare the revocation publicly to ensure that the earlier given power
of attorney should not be misused by anyone.
Conclusion
As there are various types of power of attorneys, considering their significance in
several aspects and objectives sought to be achieved they should be put into use.
They can be general, special, durable, or medical; each one is relevant to the
particular circumstance in place.
Always seek advice from a legal professional to guarantee that your Power of
Attorney document aligns with Indian laws and is customized to meet your
particular requirements. Moreover, ensure that you have confidence in the
individual to whom you are bestowing power, as the representative will possess
considerable influence over your matters.

6
The Powers-of-Attorney Act, 1882 (7 of 1882): With Model Specimens of Power of Attorney
(n 1).