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Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
If it is a general power of attorney in respect of that property, then the POA holder is legally empowered to sign the leave and licence agreement to give the property on rent.
'Power Of Attorney' is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving 'Power Of Attorney' by two or more persons jointly to one or more persons.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
A POA must be signed by the principal or by another person in the principal's presence and at the principal's direction, and acknowledged by a notary public. The agent is also required to sign the POA to acknowledge that they have been appointed as agent and understand their role.
To set up a power of attorney, the principal and agent must fill out and sign a power of attorney form. In New Hampshire, powers of attorney for financial matters must abide by Chapter 564-E of the New Hampshire Statutes, also known as the Uniform Power of Attorney Act.
When it is to be registered it should be presented at the sub-registrar's office with jurisdiction over the immovable property referred to in the document. Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary.
The Uniform Law applies to all public officials who perform notarial acts in New Hampshire, including notaries public, justices of the peace, commissioners, and all other persons authorized to perform any notarial acts.
General Power of Attorney: Used when the power of Attorney is granted by a person to his agent to act on behalf of him, generally. It can include, authorisation to operate bank accounts, register property on behalf of the principal etc.
For a rental property, the holder of a POA is authorized by the Principal to do all such acts or to carry out all legal obligations on behalf of the landlord. By a POA he/she may be authorized by the landlord to sign the Rent Agreement, lease deed etc., on behalf of the Principal.