You can go for general POA and can do all the above work on his behalf. You need to register the same
I seek your guidance on creating a Power of Attorney (PoA) for my father. He is elderly, physically weak, and unable to handle financial transactions, legal matters, and property-related dealings. I want to ensure that I can assist him in managing these responsibilities efficiently and legally on his behalf. Below are the key points I would like clarification on: 1. Scope of the Power of Attorney • Type of PoA: Should I opt for a general power of attorney or a specific one? • Scope of Authority: Can the PoA cover: o Financial transactions, including managing bank accounts, investments, and tax filings? o Legal matters, such as signing contracts, appearing in legal proceedings, and handling disputes? o Property-related dealings, such as buying, selling, renting, or leasing properties? • Can multiple authorities (like the above) be combined into a single PoA document, or do I need separate PoAs? • Registration: Is registering with a sub-registrar or another authority like the notary public is mandatory? What are the steps involved? • Validity: How long does the PoA remain valid? Should there be a specific end date or an event triggering its revocation? Execution in Multiple Jurisdictions • If the PoA needs to be executed in different cities or states, does it require additional legalization or notarization? I would appreciate your insights and advice on the above points to ensure the process is smooth and legally secure. If you have a template or checklist for drafting such a PoA, that would be incredibly helpful. Looking forward to your guidance.
You can go for general POA and can do all the above work on his behalf. You need to register the same
General power of Attorney can be executed by your father
it should be registered as it involves buying and selling of property
it remains valid till it is revoked by your father or till he is alive
it would be valid in different states
Creating a Power of Attorney (PoA) for your father is a thoughtful and practical step to help manage his affairs effectively. Below are insights and clarifications on the points you’ve raised:
1. Scope of the Power of Attorney
a. Type of PoA:
If your requirements cover multiple areas, a GPA would be ideal.
b. Scope of Authority:
c. Registration:
d. Validity:
2. Execution in Multiple Jurisdictions
Checklist for Drafting a PoA
Here’s a suggested template for the contents of the PoA:
Next Steps
This will help ensure that the PoA is legally valid and can be executed seamlessly across jurisdictions. Let me know if you would like help with drafting or reviewing the document.
Thanks & Regards
Adv. Aman Verma
Legal Corridor
Dear Client,
I strongly advise him to be given General Power of Attorney. Under this arrangement, your father can manage all his financial and legal affairs and property in one single document for the purpose of covering financial transaction like bank management, investments, taxes, legal matters like signing of contracts and settlement of disputes with properties such as buying selling or leasing. It must be registered in the Sub-Registrar's office in the case of property-related powers; notarization is enough for monetary and legal purposes. In this case, the drafting of the PoA, visiting the Sub-Registrar with identification documents and witnesses, paying the stamp duty, and registration fees are followed. The time or event-bound, or it remains indefinite unless formally revoked by your father. In case it is executed across cities or states, the registered PoA is valid across all states, but with added authenticity through notarization, and stamp duty would vary according to jurisdictions. A well-drafted and registered PoA ensures smooth and legally secure procedure by empowering you to be more effective in assisting your father.
Hope you find this answer beneficial for resolving the dispute.
1. A single, general PoA empowering the power agent to carry out all the functions listed in your query will serve the purpose. There is no need for multiple PoA's.
2, The PoA needs to be registered with the Registrar within whose jurisdiction your father is living now. Registration of the PoA is compulsory. There is no need for getting the PoA attested by a Notary.
3. The PoA is valid until it is revoked by the principal or upon death of the principal. Otherwise, there is no such thing as a validity date.
4. No need for registering the PoA in various jurisdictions. Once it is registered at the place where the principal lives, it shall be valid throughout India.
Creating a Power of Attorney (PoA) for managing your father’s affairs is a responsible step to ensure that his financial, legal, and property-related matters are handled efficiently and legally. Here are clarifications based on your key points:
Scope of the Power of Attorney:
Registration:
Validity:
Execution in Multiple Jurisdictions:
Template or Checklist:
Ensure the document is drafted clearly to prevent any misuse or misunderstanding of the powers granted. It's also wise to consult with a legal professional to ensure all legal formalities are correctly followed and the document meets all required standards.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
A general power of attorney (POA) can cover money maintenance, bank account, and property transactions:
A GPA gives the agent broad powers to act on behalf of the principal in many legal and financial matters, including managing bank accounts, handling property transactions, and making business decisions.
A financial POA, also known as a general power of attorney or a power of attorney of property, gives the agent the power to manage the principal's finances and property.
The bank cannot provide direct loans to a power of attorney. In contrast, you can apply by power of attorney for a home loan if you are a homeowner.
General: Gives the agent broad authority to act on behalf of the principal in all matters
Limited: Gives the agent the power to act on behalf of the principal in specific matters or events
Durable: Remains in effect even if the principal becomes mentally incapacitated
Springing: Becomes active if a certain event or level of incapacitation occurs.
A registered power of attorney deed is valid across all the states.
Thank you for the detailed answers provided by the experts. As pointed out by many experts, I must mandatorily register the PoA in the sub-registrar office if it deals with immovable property transactions. Madhya Pradesh government has rolled out the SAMPADA 2.0 portal for registration and all the related works. I can go to the following link to check the Stamp Duty/ Registration Fees Calculation for various documents. https://sampada.mpigr.gov.in/#/duty-calculation However, it shows the eight options for different PoA Stamp Duty/Registration fee scenarios. My question is, which option is appropriate for my case? 1. Authenticated Power of Attorney 2. Power of Attorney - (i) when the agent is a member of the family when given without consideration, and authorizing the agent to sell, gift, exchange, or permanently alienate any immovable property situated in Madhya Pradesh 3. Power of Attorney - (ii) when the agent is not a member of the family given without consideration, and authorizing the agent to sell, gift, exchange, or permanently alienate any immovable property situated in Madhya Pradesh 4. Power of Attorney - In any other case. 5. Power of Attorney - When authorizing one person or more to act in single transaction, excluding power of attorney coming under clause (c) or (d) 6. Power of Attorney - when authorizing a person for the sole purpose of purchasing shares, scrips, bonds, debentures, debenture-stocks, or any other marketable security of a like nature in or of any incorporated company or other body corporate, in the name of the principal. 7. Power of Attorney - when authorizing one person to act in more than one transaction or generally; or not more than ten persons to act jointly or severally in more than one transaction or generally 8. Power of Attorney - when given for consideration and authorizing the agent to sell, exchange, or permanently alienate any immovable property situated in Madhya Pradesh.
Since your father is executing POA in your favour 2 (1) would be applicable for sale of property
if you want also to purchase property then 4 or 7 would be applicable
If you are going to be the power agent, option 2 is applicable to you. Please engage a competent lawyer to suitably draft it to serve your requirements and get it duly registered.
Dear Client,
Based on your requirement to help your father with financial, legal, and property-related matters under a General Power of Attorney (PoA), the most appropriate option for stamp duty and registration would generally be Option 7: "Power of Attorney - when authorizing one person to act in more than one transaction or generally; or not more than ten persons to act jointly or severally in more than one transaction or generally." This falls in line with your requirement to take care of multiple responsibilities for your father. As the PoA will deal with immovable property, register it with the Sub-Registrar since registration is compulsory for all immovable property transactions. Use the SAMPADA 2.0 portal to calculate the correct stamp duty and registration fee applicable since these vary with respect to the nature of the document and the purpose for which the PoA is being executed. In order to be doubly sure of adhering to all the legal requirements of the state laws of Madhya Pradesh, approach a lawyer.
Hope you find this answer beneficial for resolving the dispute.
The items what the registrar office mentioned for registration is very clear, you may select the item which suits to your requirement based on your present need.
If you are not able to identify the correct item you can consult an experienced lawyer in the local and take appropriate decision as suggested.
Clarification is needed on "Given Without Consideration" in PoA Registration. Dear Experts, Thank you for your valuable guidance earlier. I have an additional query regarding the Power of Attorney registration process in Madhya Pradesh, as highlighted in my follow-up question. On the registration portal, there is Option 2 that reads: "Power of Attorney - (i) when the agent is a member of the family when given without consideration, and authorizing the agent to sell, gift, exchange, or permanently alienate any immovable property situated in Madhya Pradesh." Could you please clarify what "when given without consideration" means in this context? • Does it imply that the Power of Attorney is granted without any monetary or material exchange between the principal and the agent, emphasizing their family relationship? • Or does it refer to transactions (e.g., selling, gifting, or transferring property to a third party) being carried out by the agent without monetary consideration? Your insights would help me better understand this provision. Thank you for your time and assistance. Best regards, Vivek Harshey
Without consideration means no payment made
imply that the Power of Attorney is granted without any monetary or material exchange between the principal and the agent
Without consideration means not having paid the power agent for the services sought for/rendered.
This should be confirmed that neither you paid any money nor he is doing them for any monetary benefits
To clarify your queries regarding the "given without consideration" clause for registering a Power of Attorney (PoA) under Madhya Pradesh's SAMPADA 2.0 portal, here's a detailed explanation:
Meaning of "Given Without Consideration" in this Context
No Monetary Exchange Between Principal and Agent:
Nature of Transactions the Agent Handles:
Which Option Is Appropriate for Your Case?
Based on your description, if you are a family member and the PoA is intended to manage property-related transactions, Option 2 would apply, provided no monetary exchange between you and your father is involved.
Steps to Determine Applicability
Confirm the Purpose and Scope of PoA:
Verify Details with Local Authorities:
Recommendations for Action
If you require assistance with drafting or customizing the PoA document to fit these criteria, feel free to reach out.
The phrase "when given without consideration" in the context of Power of Attorney (PoA) registration generally refers to the relationship and arrangement between the principal (your father) and the agent (you), rather than the nature of third-party transactions. Here's a clarification:
Meaning of "Given Without Consideration":
Between Principal and Agent:
It means that the PoA is granted by the principal (your father) to the agent (you) without any monetary or material exchange. The agent does not pay or provide any consideration to the principal for being granted the authority. This provision emphasizes the family relationship and trust inherent in the arrangement.
Not About Third-Party Transactions:
It does not imply that the transactions (e.g., sale, gift, or transfer) carried out by the agent with third parties must also be without consideration. For instance:
Application to Your Case:
For further assistance, consider consulting a legal professional to ensure the PoA aligns with your requirements and meets registration formalities.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.
Shubham Goyal