Introduction

A power of attorney is an authority given by an instrument, by one person, called the donor or principal, authorizing another person, called the donee, attorney or agent to act on his behalf. The power of attorney may be general or special.

The power of attorney is a unilateral document executed by the donor or principal, who gives authority to the agent so appointed by him to act on his behalf and it, is not required or is not signed by the agent to whom authority is given.

Persons competent to give power

A power of attorney can be executed by any person competent to contract. The power of attorney by the company is executed under its common seal and in any event power of attorney by a company should be executed in conformity with the Articles of Association of the company. A partnership firm or unincorporated associations may also execute power of attorney to do acts on their behalf.

Authentication of power of attorney

The power of attorney need not be attested or registered, but if it authorizes a person to present a document for registration, it must be executed and authenticated by a Registrar or Sub Registrar of Assurances.

Revocation of authority

The authority given by a general power of attorney continues until it is revoked or any of the parties dies, unless it is given for a limited period. A special power to do an act is determined after the particular act is done.

Stamp duty

The stamp duty on power of attorney is chargeable in terms of Article 48 of Schedule I, Indian Stamp Act, which is different in different States.

Registration

Thepower of attorney is not required to be registered. However, if the power of attorney gives authority to present a document for registration, it must be executed before and authenticated by the Registrar or Sub-Registrar. Alternatively, the power of attorney may be deposited in High Court or District Court under section 4, Power of Attorney Act, 1882.

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