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The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1-A and Section 2 of the Powers of Attorney Act, 1882).
Types of powers of attorney health care. housing. other aspects of your personal life such as meals and clothing.
On June 6, 2023, the Supreme Court of India delivered a landmark judgment in the case of Ghanshyam v. Yogendra Rathi on the scope and validity of power of attorney (POA) documents. The Court held that a POA or a Will cannot be recognized as title documents or documents conferring any right in any immovable property.
Please note that your witness has to be a disinterested party that does not stand to gain from you signing the power of attorney. This means that the person you are giving power to cannot be the witness. In many cases, your spouse, child, parent, also cannot act as a witness.
The Supreme Court had on October 12, 2011 ruled that sale transactions carried in the name of GPA will have no legal sanctity and immovable property can be sold or transferred only through registered deeds. The Delhi High Court on May 5 had quashed the Delhi government order banning property sale through GPA.