I am buying a flat under construction in chennai and wish to give a General POA to my relatives. The POA has to be registered in order to register the "sale and construction agreement" with the builder when I am not present(abroad). Is there a format or wording which sets the validity period of the Gen.POA? Is there such a POA ? It is better to set a POA with expiry date rather than going around cancelling the POA at a later date. I would be abroad for around 2 years by which time the construction would have been completed. I would be back for the final registration of the flat. Therefore I need to give a General POA only for the 2 years to my relative. Would the addition of period of validity cause problems? Can you esteemed lawyers please give me a format for this that I can add in the GPOA or is there a Gen POA format with this clause itself that you can give me? Thank you
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you should contain a local lawyer and ask him to draft POA for you
2) there is no specific format .you should execute only specific power of attorney in favour of relative
3) GPA can be subject to mis use
4) there is no guarantee that work would be completed in 2 years . most projects of builders are delayed
5) dontr execute POA for 2 years or so
Hello,
1) As POA is a document by which you are delegating your authority to Someone else, you do have the liberty to limit that authority in the manner that you would want it exercised. Therefore you can add a time clause to restrict the duration of the POA.
2) The principal can insert an expiration date on any type of power of attorney. Wording varies as per requirement, but the clause commonly states the agent's authority ends on a particular month, date and year, and sometimes includes a specific time. For example, a principal can write that the agent's authority ends at midnight on a specific date. The agent no longer has the right to act for the principal once the expiration date is reached.
3) There's no specific format for a POA with a time clause inserted. However, the danger is that if your agent the relative is cunning he/she may still use the POA if the POA does not get subjected to strict scrutiny.
4) It would therefore be advisable to make the time clause conspicuous in the POA right in the beginning the document and later on.
A PoA functions on the principle of an “agency” where the PoA holder, that is, the person to whom the power is given, is authorized to perform certain acts on behalf of the PoA grantor. PoAs can be classified into general PoAs (where the powers conferred on the PoA holder are wide, and specific PoAs (where the powers conferred have been limited to a specific act in relation to a transaction).
A PoA that only authorizes the PoA holder to perform certain actions in the name of the PoA grantor can be revoked at any point in time by the PoA grantor, irrespective of the PoA stating that it is irrevocable.
As per law a PoA executed in favour of a PoA holder where the PoA holder holds/acquires an interest in the property which is the subject matter of the PoA itself cannot be revoked or terminated, if the same is prejudicial to the PoA holder’s interest.
This principle would apply irrespective of whether the PoA states that it is irrevocable.in a case where PoAs are executed for a stipulated time period, and such PoA is revoked before the specified time, then the PoA holder may pursue action against the PoA grantor for unilateral termination, without sufficient cause
. It is important to note that for being a legally valid document, each PoA is required to be compulsorily executed on appropriate value stamp paper and should also be notarized/authenticated.
However, if the intention of the parties is to transfer/convey property under the guise of a PoA, then the document is not only required to be stamped at a higher rate, as a conveyance deed, but also requires registration.
In all the probabilities, a POA deed can be drawn/executed for a limited period which comes under specific POA.
You can limit the duration of GPA by inserting a clause to this effect in it. The GPA will cease to have any legal force after the expiry of the period mentioned in it. Get the GPA drafted by a lawyer.
