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What is a ‘General Power of Attorney?

A General Power of Attorney (POA) is an instrument executed between a person and his attorney or his agent, giving them the rights and the power to take all necessary actions and decisions regarding the immovable property for which the POA is executed. The person appointed under POA is called Agent or Attorney and the one who appoints i.e. the owner of the property is called Principal. This agreement creates a ‘principal – agent’ relationship between the parties and provides the agent with all the powers that an owner has over his/her property. This means that, anything done by the agent will be deemed to be done by the principal and will bind the principal for agent’s actions. This agreement is called a “general” power of attorney because it will not specify any tasks for the agent to do i.e. to say that it won’t limit the scope of agent’s work and powers regarding the property, the agent is empowered to perform all necessary actions and take all decisions regarding the property. When you specify the areas that your agent will work for, it becomes a specific power of attorney.

Why do you need a General Power of Attorney?

A General Power of Attorney is executed by the owner of any immovable property to authorise someone else to carry out important tasks instead of them. This makes things easier for people who have property in multiple cities as it empowers the person appointed to look after the sale, acquisition, maintenance etc with respect to an immovable property.

Advantages of General POA

  • Provides principal with remote access and control
  • All powers can be delegated
  • Does not affect owner’s right
  • Agent is empowered to do everything that an owner does

Essential Clauses of General POA

  • Details of Principal
  • Details of Agent
  • Proper details to specify the property
  • Delegation of all powers
  • Registration under the state law

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