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POA should be attested before Indian consulate
GPA to buy property
GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that I, John Doe aged about 44 years, residing at 123 Bob Street,Chennai 600099 do hereby appoint and retain Mr. XYZ, aged about 49 years, residing at No.18, Main Road, Chennai 600099 as my lawfully constituted Power of Attorney Agent. WHEREAS I am in abroad, I am unable to come over to India, also to look after my property, and to maintain the same. Furthermore, I am intending to purchase an immovable property in India and for that I hereby appoint and nominate Mr. XYZ as my lawfully constituted Power of Attorney Agent to do the following acts, deeds and things. To negotiate the sale transaction with the prospective Vendor To fix sale consideration To enter into agreement on my behalf To pay advance amount and also the balance sale consideration on my behalf To sign the sale deed and in the agreement and any other documents on my behalf To pay taxes, charges to statutory bodies To appoint Advocates, Auditors, Engineers, Architects, Contractors or any such other professional and to fix their remuneration, pay the same, utilize their services on my behalf To file receive bank documents, to deposit and withdraw moneys and grant receipts therefore/thereof on my behalf And generally, to do such further or other act(s), Deed(s), things(s), that may be necessary and incidental thereon and thereto on my behalf IN WITNESS WHEREOF, I John Doe herein have executed this Deed of General Power of Attorney on this the ____ day of _______________ 2019 at Chennai, Tamil Nadu in the presence of the following witnesses. WITNESS PRINCIPAL & EXECUTANT
Asked 4 years ago in Property Law
Religion: Christian
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7 Answers
The question is, the wordings in the GPA, grants power to Mr. XYZ to buy property and activities related to buying a property only ... right? I want to understand whether Mr.XYZ will get power to do anything else? For example, Can Mr. XYZ can misuse this GPA to sign any other contract which is NOT related to buying a property? Can please read the wordings and give your opinion. Thank you!
Asked 4 years ago
Specific power of attorney has been executed for purchase of property and incidental activities
it cannot be used for entering into other contracts
If you are not available in India, then the proposed power of attorney deed cannot be executed in India while you reside in a foreign country at the time of executing this deed.
So you may have to change the place of execution of this deed to the place where you currently reside.
Or you may revert with your actual query by posting this message.
The power of holder has been authorised to specifically to do such acts mentioned in the clauses mentioned below:
To enter into agreement on my behalf
To sign the sale deed and in the agreement and any other documents on my behalf
generally, to do such further or other act(s), Deed(s), things(s), that may be necessary and incidental t
hereon and thereto on my behalf
Thus the above clauses may be in favor of the power holder to do all such acts that may go against your interest.
If your purpose for this deed has been accomplished, you may better issue a notice cancelling this deed and
also take steps to publish the same in the local newspaper and also retrieve the original title documents and keep
them secured in your own possession.
It is a specific PoA empowering the power agent only to do certain acts and deeds on behalf of the principal solely for the purchase of a property. It cannot be used for any other purpose.
If it's a general gpa not mentioning property details then he can do that otherwise he can't
- You can remove this condition from the GPA , and mention only which is necessary to deal the property .
- You can mention that the attorney holder can do all the related work limited to the property dealing but cannot have right to do any other work without getting the consent from the executant.
- Further, if you are residing outside India , then this POA should be attested from notary and attested from the consulate of India.
