Special Power Of Attorney in name of my brother


Hi,

I wish to create a special power of attorney in the name of my brother so that he could sign on my behalf for sales deed of a property we have in Delhi. Currently I am working in Pune and my brother is in Delhi. Also the property in question is in name of my father who passed away in 2004 without creating a WILL.

So our (myself and my brother) purpose is to transfer our share in the property in the name of our mother so that she could further sell the property. For this to happen I was told by my brother that I will need to give in a special power of attorney in his name so that he could sign the required papers on my behalf in front of a concerned person in Delhi.

Hence for this purpose I have been trying to get a special power of attorney in Pune and contacted few lawyers here. I am being told that my brother needs to be present at the office of the registrar in Pune while obtaining the special power of attorney. Can someone please clarify if this is indeed required? I do not understand why the presence of my brother is required at the office of registrar in Pune? He doesn't have to sign in anywhere also. My brother has contacted his lawyer and his lawyer didn't told him any such thing.

Probably this is the first time I am being involved in legal stuff so I am totally confused, requesting someone to please show me proper direction and let me know the correct procedure for obtaining the Special Power Of Attorney in the name of my brother.

Thanks and Regards

 
Reply   
 
advocate/legal consultant

here is a model gpa as an attachment


General Power of Attorney

TO ALL TO WHOM THESE PRESENTS SHALL COME, I _______________________, Indian Inhabitant,

residing at_________ ___________________________________,

WHEREAS I am going to be out of ___________ for a long time. I wish to appoint fit and proper persons to

look after my affairs in my absence.

AND WHEREAS ________________________________(name), know all my affairs and are capable of

handling the same. I therefore, desire to appoint ______________________________________ to act as

my Attorney and to look after my affairs.

AND WHEREAS _____________ has consented to act as my Attorney (hereinafter referred to as the "said Attorney").

NOW KNOW YE AND THESE PRESENTS WITNESS that I, the abovenamed ______________________,

do hereby appoint, nominate and constitute _________________and _______________________, residing at

___________________________________________________, to be my true and lawful Attorney, jointly or

severally in my name and on my behalf and to do and execute all or any of the following acts, deeds, things, that

is to say:-

KNOWN TO ALL MEN BY THESE PRESENTS THAT I,______________S/o

Shri_____________________ , presently staying in __________________________ and r/o

______________________, is the owner and is in possession of Residential Plot No.

_____________sq.mtrs. situated at ___________________________________________

AND WHEREAS due to my personal difficulties in the execution of conveyance deed and other formalities in

regard to the Residential Plot No._________________________, I hereby unanimously resolve and decide to

appoint my General Power of Attorney(s), Shri ____________________s/o Shri

___________________________________r/o ________________________________ to act on my behalf

jointly or severally inter alia the following:



1. To apply and obtain various permissions under the foreign Exchange Regulation Act, 1973 and or any other Central or State Act and to complete all those formalities which may be required for obtaining such permissions.



2. To communicate, give undertaking to Reserve Bank of India or any other authority prescribed by the law.



3. To enter into, make, sign and execute and deliver and acknowledge and perform any contract or contract/s, undertaking any other writings required by Reserve Bank of India under Foreign Exchange Regulations Act.



4. To sign, verify the written statements, objections, memorandum of appeals and applications of all kinds and to file them with any authority including Reserve Bank of India, or the Assistant Director, Joint Director, Additional Director appointed under the Foreign Exchange Regulations Act.



5. From time to time purchase, take on lease or mortgage or otherwise acquire and hold properties movable or immovable as may be thought necessary or expedient on my behalf.



6. To pay necessary cost, taxes, out going charges, expenses and dues in respect of the property purchased.



7. To apply for and obtain no objection certificate under Maharashtra Co-operative Societies Act or from any other body or bodies in respect of agreement of purchase or sale of the property and to do all Acts, Deeds, matters and things necessary for obtaining such certificates, in connection with the property.



8. To execute transfer instruments, conveyance or other deeds in respect of property purchased or sold.



9. To deal and correspond with electric supply company for installing meter or for transferring the meter installed in the premises owned by me. For such to sign any document writing affidavit undertaking indemnity as may be required by the concerned authorities.



10. To collect dividends and duly discharge dividend warrants by issuing valid receipts in respect of the shares/debenture belonging to me and to represent me as and when necessary before such Authority or authorities or companies for the purpose of taking delivery of the shares, dividend warrants and bonus shares that may be issued by any company whose shares are possessed by me and owned by me or may be possessed by me or owned by me in future and to attend as a proxy in company meetings and to give vote or votes.



11. To open, operate, close, transfer, bank accounts and to sign and/or endorse my name to cheques and other negotiable instruments, drafts, fixed or call or time deposit-receipts and securities or investments of any kinds and transfer forms, dividend warrants, interest coupons, refund orders or other similar instruments.



12. To receive money due to me and sign receipts, to apply for shares/ debenture/ rights application in public limited companies sign application forms, to dispose them at prices considered proper by the said Attorney, sign transfer deeds or other similar instruments on my behalf.



13. To invest any of my money in or upon any of the Government securities, Unit Trust, Bonds, promissory notes, shares, debentures, Postal scheme, Mutual Fund, Rural Development Bonds and Bank Deposits, RBI schemes or Corporate bodies, limited companies, firms and institutions or any scheme which may be introduced in future by any of the authorities in my name singly or jointly with others and from time to time to vary the said investments, to deposit in banks or in any public or corporate bodies and withdraw them, renew them for such periods as deemed fit by my Attorney and to draw and to collect, interest and other amounts as and when they become due.



14. To encash all my investment made by me in my maiden name and for that to sign all applications, forms, undertakings, or any type of writing as may be required by the concerned authority for renewing them or for encashment of them and also to issue valid receipt.



15. To sell the flat, shop, land/shop plot, garage, parking space, office premises, property/properties purchased by me in my name or jointly with others, to such person(s) on such terms and conditions as my said Attorney may deem fit, and/or relinquish my right, title and interest as the sole owner or in my capacity as beneficiary and to collect/receive sale proceeds/ realization amounts thereof, and to issue receipts for such payments on my behalf.



16. To make and file returns under the Income-tax Act, 1961, Wealth-tax Act, 1957, the Gift Tax Act, 1958 on my behalf and to represent me before any of the concerned authorities including appellate bodies in such proceedings, and appeals and revisions in such proceedings.



17. To examine, adjust, negotiate and settle all accounts and reckoning to compound for any debt due or owed by me.



18. To vote at the meetings of any company or corporate bodies or co-operative Societies or condominium of Apartment owner or any body including meeting called by contractors, Builders, Promoters, Tenants or members or owners of a house or building where I or My Attorney have bought or owned a flat or have other interest or where otherwise act as my proxy as the case may be or representative or appoint proxies in respect of any property, share debenture etc. now held by me or which may hereafter be acquired in my name by the said Attorney.



19. To pay insurance premium on my life policies or on my properties and have correspondence with the concerned authority on all attendant matters and to sign all forms, claims, settlements etc.



20. To commence, institute, file, carry on, continue, prosecute, defend, answer or oppose all actions, suits, writ petitions or other legal proceedings and demand and to appear in any court of Justice in any actions or other proceedings which may be instituted by and/or against me and in the said actions or proceedings to prosecute or discontinue or to become nominated therein or suffer judgment to go against me as the Attorney shall be advised and think proper.



21. To appoint any advocate, solicitor, chartered accountants, pleader or any other legal or income tax practitioners.



22. To apply for certified copies, inspection of and to inspect the judicial records.



23. To manage all my properties, movable and immovable, now owned and possessed by me or which I may possess in future, to do all such lawful acts as the said Attorney may consider necessary and expedient for my advantage as the case may be and for the benefit of my estate and in particular to improve them, to lease them, to collect all rents and profits and to take all lawful proceedings and means by suits or any other actions for recovery of and receiving the rents and otherwise for managing these properties of mine.



24. From time to time purchase, take on lease or mortgage or otherwise acquire and hold properties movable and immovable as may be thought necessary or expedient on my behalf.



25. To claim, demand, sue for, enforcement of payment of and receive and give effectual receipts and discharges of all moneys, securities for money, debts and legacies which I now possess or to which I am or is entitled or to which I may become entitled or which are or may become due owing or payable or transferable to me from any person or persons.



26. To sell, convert, collect, get in or manage or collect otherwise administer any property movable or immovable which may be vested in me alone or jointly with any other person and to execute and sign any deeds and generally to do any acts which I could lawfully have executed signed and done in any such capacity.



27. To sell for consideration any part of my property, to receive the price thereof and to grant receipt for the same and to execute and sign and get registered the transfer deeds, present for registration and to admit execution and to take delivery of any document executed by me or by my Attorney before any Registrar or Sub-Registrar.



28. To let the property on rent belonging to me on such terms and conditions as the Attorney may think fit and proper and receive the rents from the tenant/s or lessee/s the case may be and issue proper receipts for the amounts so received; to maintain the property and effect necessary repairs from out of the rents so derived, to pay all taxes legally payable in respect of the said property, to represent me before the authorities of Bombay Municipal Corporation, authorities under the Maharashtra Land (Ceiling and Regulation) Act, Land acquisition to the society or obtaining any permission for letting out property and to file any sort of undertaking written statement to give proper effect and other authorities and to file all returns or applications before them, to engage counsels, advocates, auditors, agents or other persons, to discharge any or all of them and to appoint other persons instead necessary for any of the purpose on such remuneration, salary or commission as the said Attorney think proper, to represent me before the said authorities and for that purpose to sign vakalatnamas on my behalf.



29. To file suits for recovery of arrears of rent or recovery of loans advanced or deposits made, defend suits filed against me pertaining to my properties and other assets and to compromise such suits.



30. To sign, verify, execute, plaints, written statements, counter claims, petitions, appeals, reviews, applications, affidavits, Power of Attorney and papers of every description that may be necessary to be signed, verified and executed for the purpose of any suit, actions, appeals and proceedings of any kind whatsoever in any Court of Law or Equity, whether of Original, Appellate, Testamentary or Revisional Jurisdiction established by lawful authority or before the Income Tax, Wealth Tax, Gift Tax, Appellate Assistant Commissioner or Tribunals and to do acts and appearances and applications in any such Court or Courts and Forums aforesaid in any suits, actions, appeals or proceedings and all information or complaints that it shall or may be held, brought or commenced and to defend, and answer or oppose the same or suffer judgments or decrees to be had, given, taken or pronounced in any such suits, actions, appeal, proceedings, bills, information or complaints as the Attorney shall be advised or think proper and to execute decree and also to bid at auction sales or to authorise any agents or sub- agents to bid at auction sales and purchase the property at the said auction sales, to make withdrawals or decretal amount or sale proceeds from any Court or authorised agent or sub-agents to do the same.



31. To appear and act in all Courts, Civil, Revenue or Criminal whether on the original or appellate side or in the registration offices and to represent my interest before any judge, Magistrate, Municipal Corporation, Police, Revenue, Taxation, Port Trust or Customs authorities or any other quasi Government or Public bodies or authorities and to appear before Income-tax, Wealth-tax, Gift-tax or other officer/s, in connection with my affairs on my behalf.



32. To sell or purchase all or any of the shares and/or securities held by me solely or jointly with others and for that purpose to employ and to pay brokers and other agents in that behalf and to receive and to give receipts for the purchase money payable in respect of such sales and to transfer any of the said shares so sold to the purchaser or purchasers thereof or as he may direct and for these purchases to sign and execute all such contracts, transfer deeds, transfer forms and other writings and do all such acts as may be necessary for effectually transferring the same. .



33. To transfer any mortgage now made or hereafter to be made in my favour either alone or jointly with others for such consideration as the said Attorney shall think fit.



34. To sign, seal, execute and deliver, transfer forms, and/or deeds of shares, dividend warrants, interest warrants, receipts etc. as occasion may require



35. To accept notices or services or writ of Summons or other legal process that may be served upon me and to appear and represent me in any Court of Justice and before Magistrate or Judicial or Quasi-judicial or other officers whatsoever as the said Attorney shall think proper.



36. To declare and affirm all plaints, Written Statements, applications, Petitions, Execution Application, Affidavits and other necessary documents in my name and on my behalf and to appear before any Judge, Magistrate or other officer empowered by law to hear any suit or proceedings or any other inquiry relating to any of the matters herein mentioned.



37. To receive all cables, telegrams, registered and unregistered letters and parcels, packages, goods, money orders and other communications and things whatsoever from the Posts and Telegraphs Office or Officer/s or from any other source and to sign and pass receipts for the same and from all carriers by land, sea and air.



38. To invest any of my moneys or assets at interest or otherwise in the mortgage of any freehold, leasehold or properties of any other tenure or hypothecation or pledge of movable properties as the Attorney may in his absolute discretion think fit and proper.



39. To execute, to become party to and if necessary to cause to be registered all instruments, deeds, agreements, contracts, receipts and other documents for me and on my behalf.



40. To insure all my properties for such purposes and sign all applications and in such manner as the Attorney may think proper.



41. For all or any of the purposes aforesaid to execute all such guarantees, indemnities, covenants and obligations on my behalf as the Attorney may think necessary and proper.



42. For the purpose of managing my affairs to enter into such arbitration references and to appoint such arbitrators as the Attorney may deem fit and proper.



43. To cause these presents to be registered in the books of any Company, Corporation or Nationalised bank, RBI whatsoever or in any public or Government Office or in any Court or elsewhere as occasion may require.



44. To concur in doing any of the acts and things herein before mentioned in conjunction with any other person or persons interested in the premises.



45. For the better doing, performing and executing of the matters and things aforesaid, I do hereby grant unto my said Attorney full powers and authorities to substitute and appoint in my place one or more Attorney or Attorney to exercise on my behalf as my Attorney or Attorney all the powers and authorities hereby conferred and to revoke any such appointment from time to time and to substitute or appoint any other or others in place of such Attorney or Attorney as the said Attorney shall from time to time think fit.

AND GENERALLY to do and execute all such deeds, instruments acts and things in relation to the properties movable and immovable now or hereafter belonging to me wherein I shall have any interest and in my capacity and in all matters relating to my affairs as fully and effectively in all aspects as I myself could have done if personally present as the said Attorney shall deem fit and proper.

I FURTHER CONFIRM that the powers granted by me to the said Attorney are irrevocable and shall not be revoked by me and any person relying upon this Power of Attorney shall be protected by the representation made herein and the authorities given by me to the said Attorney and I shall not challenge or call in question any act done by the said Attorney individually or jointly or severally for me and on behalf of me and the same shall be binding upon me.

I HEREBY AGREE that all acts deeds and things done by the said Attorney whether jointly or severally shall be construed as acts, deeds and things done by me. I hereby undertake to ratify and confirm all and whatever each of the said Attorney shall do by virtue of the powers hereby given. I hereby confirm that any person relying upon this Power of Attorney shall be protected by the representation made herein and the authorities given by me to the said Attorney and I shall not challenge or call in question any act done by the said Attorney jointly or severally for me and on behalf of me and the same shall be binding upon me.

IN WITNESS WHEREOF, I ________________________, hereunto set and subscribed my hand and signature at ______ this ____ day of _________, _____.

SIGNED AND DELIVERED by ) the withinnamed ) _________________________ ) _____________________ in the presence of ................. )

EXPLAINED AND IDENTIFIED BY ME

_____________________

___________________________ Specimen signature of Attorney ( ____________________ )

BEFORE ME

 

 
Reply   
 



Hi Mr. Srinivas,


Thanks for the reply. However I still have one query, my main concern is that whether it is required that my brother should be present at the office of registrar/sub-registrar in Pune when I am signing on the document?


I have the content that needs to be written on a stamp paper and get registered at the registrar office. These contents were provided by my brother's lawyer.


I have been to office of sub-registrar in Pune in my locality and there I was told that my brother needs to be present in front of them since I am giving him the Special Power of Attorney. As per what I have read on the net he is not required to be presented but the officials here insist that he should be present here in front of them.


If my brother is not required to be present then in that case can the witnesses be my close friends whom I trust or is it mandatory that the witness should be a person who directly deals with the law? And in case where witnesses can be my friends, do they need to be present in front of the registrar or will it be sufficient if get their signatures on the required document?


Can you please clarify on my above queries? If someone else also can clarify I shall be thankful to him/her.


Thanks and Regards.

 
Reply   
 
Advocate

You brother has to sign on the POA as
attestation of the attorney's signature is mandatory. But his presence
is not required. He can be represented by some other person by giving
him power of representation. If you enquire at the local registration
office you will find form of representation.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

thanx for the format.

 
Reply   
 

My son desires to donate a family Power of Attorney in my favour specially to sign on his behalf a sale deed /agreement in respect of his residential flat in Pune (which he intends to sell, when he will be out of country) and also authorise me to get the same document registered with sub-registrar Pune.

He wants to sign and execute a family POA on stamp paper of Rs500/-  in my favour before a Notary Public in Mumbai where he at present.resides. 

Can somebody offer me a format/ draft of POA for the purpose.

With kind regards 

C.V.Naik

 
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