Generally, a power of attorney does not provide an attorney-in-fact with the legal ability to file documents in court, such as in divorce proceedings, or to initiate court actions. However, a principal can insert a clause into his power of attorney document stating the power will not terminate upon mental incapacity.
Granting of a power of attorney is not only limited to contractual or property related transactions, but it is gaining its own significance in matrimonial disputes namely divorce. it is a legal process that includes the drafting of a document which allocates to someone else the ability to act as your legal representative or a lawful delegate. POA is regulated by the Power Of Attorney Act, 1882 and various other important laws in India.
When person is not in India :
If the person is not in India, what is to be validated by the Indian Embassy or Consulate in your residencies the simple POA. It will be signed by the Embassy and then sent to the POA holder in India, through registered post. After receiving the post, the POA holder is needed to visit the workplace of the Sub- Divisional Magistrate with the necessary records. It usually takes approximately 115 days time to proceed the POA and once it is stamped by the SDM it turns out to be a registered POA.
The POA holder should carry the following documents with himself:
- An Affidavit of Rs.100 with the POA holder’s swearing of his identity. This might require nominal stamp duty.
- The Envelope in which the POA has arrived from the Embassy.
- Passport Photocopies of the Executant.
- Documents to prove the relationship between the POA Executant and the POA Holder.
It generally takes up to 15 days to process the POA. Once stamped by the SDM, it becomes a registered POA.
In most cases, it is mandatory to mention that POA is durable to avoid letting it become a nondurable POA by default.
There are also two types of Power of Attorney depending on the time of commencement.
- Immediate – When a principal appoints the agent and the POA is effective immediately.
- Springing – A springing Power of Attorney is one which becomes effective only after the principal is proven out-of-action.
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