General Power of Attorney Lawyer India

By Team Legal Helpline India, December 26, 2014

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Brief discussion on GPA or General Power of Attorney

GPA or General Power of Attorney as the name suggests is an authorization by any person to another person to do and perform certain acts. GPA or General Power of Attorney can be executed for any act or deed with regard to any activity or any property which can be movable as well immovable. Main misconception about GPA or General Power of Attorney is that it confers legal title to the person in whose favor it has been issued. Strictly legally GPA or General Power of Attorney does not confer any transfer of title or ownership rights as it is a general authorization to do certain deeds and acts. In common parlance we find two types of power of attorneys being issued first is GPA or General Power of Attorney and second one is Special Power of Attorney. There is a difference between two attorneys which can be explained as under:

GENERAL POWER OF ATTORNEY:

GPA or General Power of Attorney is a legal document through which owner of a property, right authorizes a person to perform certain acts and deeds on his behalf. The person in whose favor the GPA or Power of Attorney is given is called agent and the person who executes the Power of Attorney is Principal. He is given general powers with regard to the acts and deeds on behalf of Principal. Power given to the agent under GPA or General Power of Attorney are general and cover all aspects of activities, the agent is supposed to act on behalf of principal which bounds the principal through his acts. A GPA or General Power of Attorney is often considered as a document through which owner appoints agent to perform powers as an owner on behalf of the owner himself in his place. In Delhi General Power of Attorney is issued for transfer of the properties and most of the transactions of transfer of property is through GPA or General Power of Attorney only and are admitted even by statutory authorities, courts etc. The title scenario in Delhi is very complex as most of the properties are owned by several government agencies who have lease out the same to various persons. The said persons do not have right in their independent capacity hence the novel way of transferring rights has been devised through GPA or General Power of Attorney.

SPECIAL POWER OF ATTORNEY:
Special Power of Attorney which is referred to as SPA in short has different legal connotations and it is issued for a specific purpose only and the person in whose favor the SPA is executed can only perform the acts mentioned under the SPA and nothing more than. Most common example of SPA is the when the owner issues it to a person for taking or handing over the possession of a property or for applying for grant of a particular paper like NOC or license.

REGISTRATION OF POWER OF ATTORNEY:
Under Indian laws GPA or General Power of Attorney requires authentication under Section 85 of the Indian Evidence Act. Registration of GPA or General Power of Attorney is not mandatory under Indian laws.Power of Attorney can be registered by presenting before the Registrar. Registration of the GPA or General Power of Attorney gives more authentications to a document and the said document is treated as evidence under law.

REVOCATION AND CANCELLATION OF POWER OF ATTORNEY:
A GPA or General Power of Attorney is generally revocable under the Indian laws except in cases where the same is a security for any debt. For revocation of a registered Power of Attorney a deed of cancellation can be executed and for an authenticated Power of Attorney, a written communication is sufficient.

RELEVANT LAWS RELATED TO POWER OF ATTORNEY:
Provisions regarding GPA or General Power of Attorney is contemplated through the Power of Attorney Act. The relevant provisions which can have a joint effect on entire law related to the Power of Attorneys in India are contained in Section 3 of the Specific Relief Act, Section 5,40,15 A,55 of Transfer of Property Act and Section 82 (1 A), 2,69,70 of Indian Succession Act.

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