Power of Attorney (POA) in Mumbai : All you need to know

Are you looking to draft a power of attorney for yourself in Mumbai ? You've come to the right place. If you're looking to delegate your responsibilities and obligations to someone you trust, a Power of Attorney is the essential legal tool to make it happen. At Legalkart, we streamline the entire process, ensuring your application is handled accurately and efficiently. Let's delve into the numerous benefits a Power of Attorney can provide for you!

What is a Power of Attorney?

The Power of Attorney (PoA) is a crucial legal document that allows one person (the principal) to appoint another person (the agent) to manage their affairs. In Mumbai , like in other parts of India, a PoA can be used for various purposes, from handling financial transactions to making healthcare decisions. 

In a POA generally, the specific duties and obligations are outlined which are needed to be fulfilled by the agent. Typically, there are two parties involved in a POA, but in some cases, there may be more, depending on the situation. The crucial aspect is clearly defining the roles and responsibilities of each party and outlining what actions would constitute a breach of these duties.

Parties to a Power of Attorney in Mumbai 

In Mumbai , as in other parts of India, a Power of Attorney (POA) involves key parties whose roles and responsibilities are critical to its execution. Understanding these roles ensures the proper functioning of the POA.

The Principal

The Principal is the person who creates the Power of Attorney. They grant authority to another individual (the Agent) to act on their behalf. The Principal's decision to create a POA can stem from various needs, such as managing financial transactions, handling real estate matters, or making healthcare decisions when they are unable to do so themselves.

The Agent

The Agent, also known as the Attorney-in-Fact, is the person appointed by the Principal to carry out the tasks and responsibilities specified in the POA. The Agent acts in the best interests of the Principal, following the directives laid out in the document. It is crucial for the Principal to choose a trustworthy and reliable Agent, as they will have significant control over the designated aspects of the Principal's life.

Additional Parties

While a typical POA involves only the Principal and the Agent, there can be additional parties depending on the complexity of the situation:

1. Co-Agents: Sometimes, a Principal may appoint multiple Agents to act together or separately on different matters.

2. Successor Agents: These are individuals who are designated to take over the Agent's responsibilities if the primary Agent is unable or unwilling to act.

3. Third Parties: These include banks, healthcare providers, or other institutions that the Agent may need to interact with while executing their duties.

Roles and Responsibilities

The POA document clearly outlines the roles and responsibilities of each party involved. This includes:

1. Scope of Authority: The specific powers granted to the Agent, such as managing finances, selling property, or making medical decisions.

2. Duties of the Agent: The Agent must act in the best interest of the Principal, avoid conflicts of interest, and perform their duties with care and diligence.

3. Breach of Duties: Any action taken by the Agent that goes beyond the scope of authority or is against the Principal's interests can constitute a breach of duties. This can result in legal consequences for the Agent and the revocation of the POA.

Types of Power of Attorney in Mumbai 

In Mumbai , there are various types of Power of Attorney (POA) that cater to different needs and situations. Each type grants the Agent specific powers and responsibilities, depending on the Principal's requirements. Understanding these types is essential to selecting the right one for your circumstances.

General Power of Attorney (GPA)

A General Power of Attorney grants broad powers to the Agent to handle almost all aspects of the Principal's affairs. This can include managing financial transactions, operating bank accounts, selling or buying property, and representing the Principal in legal matters. The GPA is typically used when the Principal needs extensive assistance in managing their overall affairs.

Special Power of Attorney (SPA)

A Special Power of Attorney is more limited in scope compared to a GPA. It grants the Agent specific powers for particular tasks or for a limited period. For example, an SPA can be created to handle the sale of a particular property, complete a specific financial transaction, or represent the Principal in a single legal matter. This type of POA is ideal for one-time or specific duties.

Durable Power of Attorney

A Durable Power of Attorney remains effective even if the Principal becomes incapacitated. This type of POA is particularly important for long-term planning, as it ensures that the Agent can continue to manage the Principal's affairs without interruption, even if the Principal is unable to make decisions due to illness or disability.

Healthcare Power of Attorney

A Healthcare Power of Attorney grants the Agent the authority to make medical decisions on behalf of the Principal. This type of POA is crucial for situations where the Principal may be unable to communicate their healthcare preferences due to incapacitation. The Agent can make decisions regarding medical treatments, surgical procedures, and other health-related matters, based on the Principal's wishes.

Financial Power of Attorney

A Financial Power of Attorney specifically grants the Agent authority to manage the Principal's financial matters. This can include handling bank accounts, investments, tax filings, and other monetary transactions. It allows the Principal to ensure their financial affairs are managed effectively, even if they are unable to do so themselves.

Springing Power of Attorney

A Springing Power of Attorney becomes effective only upon the occurrence of a specific event, usually the incapacitation of the Principal. This type of POA is designed to "spring" into action when the Principal is no longer able to manage their affairs independently. It provides a safeguard, ensuring that the Agent's authority is activated only when necessary.

Choosing the Right Power of Attorney

Selecting the appropriate type of Power of Attorney depends on your specific needs and circumstances. It is essential to consider the scope of authority you wish to grant, the duration of the POA, and any specific conditions that may trigger its effectiveness.

Why Do You Need a Power of Attorney?

A Power of Attorney is essential for several reasons:

1. Financial Management: If you are unable to manage your finances due to illness or absence, your agent can handle banking, investments, and other financial matters.

2. Real Estate Transactions: Allows your agent to buy, sell, or manage property on your behalf.

3. Healthcare Decisions: Enables your agent to make medical decisions if you are incapacitated.

4. Legal Proceedings: Your agent can represent you in court or handle other legal matters.

Documents Needed to Create a Power of Attorney in Mumbai 

Creating a Power of Attorney (POA) in Mumbai involves gathering several key documents to ensure the process is legally valid and smoothly executed. Here is a comprehensive list of documents you will need:

1. Identity Proof of the Principal and Agent

Both the Principal (the person granting the authority) and the Agent (the person receiving the authority) need to provide valid identity proof. Acceptable documents include:

1. Aadhaar Card

2. Voter ID Card

3. Passport

4. PAN Card

5. Driving License

2. Address Proof of the Principal and Agent

Current address proof is required for both the Principal and the Agent. Acceptable documents include:

1. Utility Bills (Electricity, Water, Gas)

2. Aadhaar Card

3. Voter ID Card

4. Passport

5. Rental Agreement

3. Passport-Sized Photographs

Recent passport-sized photographs of both the Principal and the Agent are needed:

• Typically, 2-3 photographs for each person.

4. Proof of Ownership for Specific POA

If the Power of Attorney pertains to specific property transactions, you will need:

1. Property Documents: Title deed, sale deed, or lease agreement.

2. Encumbrance Certificate: To show there are no legal dues on the property.

3. Property Tax Receipts: Latest tax paid receipts.

5. Draft of the Power of Attorney Document

A well-drafted POA document outlining:

1. Names of Principal and Agent: Full names and details.

2. Scope of Authority: Specific powers being granted.

3. Duration: Validity period of the POA.

4. Conditions and Limitations: Any specific conditions or limitations on the Agent’s authority.

6. Witnesses’ Identity Proof

Identity proof of the two witnesses who will attest the signing of the POA document:

1. Aadhaar Card

2. Voter ID Card

3. Passport

4. Driving License

7. Notarization and Registration

While not strictly a document, the process requires:

1. Notarization: Notary public’s attestation on the POA document.

2. Registration Form: Form for registering the POA with the local Sub-Registrar's office.

3. Payment Receipt: Proof of payment for registration fees.

Additional Documents for Specific Types of POA

Depending on the type of Power of Attorney, additional documents might be required:

Healthcare Power of Attorney

• Medical Records: To support any specific medical instructions.

Financial Power of Attorney

• Bank Statements: Proof of financial accounts being managed.

• Investment Documents: Details of stocks, bonds, or other investments.

Steps to Register a Power of Attorney in Mumbai 

To fully understand all the duties and obligations of an agent in Mumbai , seeking the advice of a lawyer is essential. Obtaining a Power of Attorney (POA) involves a series of steps to ensure the document is legally valid and enforceable. Here's a step-by-step guide to registering a Power of Attorney in Mumbai :

1. Determine the Type of Power of Attorney

First, identify the type of POA you need based on your specific requirements:

1. General Power of Attorney (GPA)

2. Special Power of Attorney (SPA)

3. Durable Power of Attorney

4. Healthcare Power of Attorney

5. Financial Power of Attorney

6. Springing Power of Attorney

2. Draft the Power of Attorney Document

1. Legal Consultation: Consider consulting with a legal expert or lawyer to ensure the document is drafted correctly and complies with all legal requirements.

2. Clear Language: The document should clearly outline the powers being granted to the Agent, including any specific instructions, limitations, and the duration of the POA.

3. Details of Parties: Include the full names, addresses, and identification details of both the Principal and the Agent.

3. Gather Required Documents

Ensure you have all necessary documents ready:

1. Identity Proofs: Aadhaar card, voter ID, passport, PAN card, or driving license for both Principal and Agent.

2. Address Proofs: Utility bills, Aadhaar card, voter ID, passport, or rental agreement for both Principal and Agent.

3. Property Documents: If the POA pertains to property transactions.

4. Passport-Sized Photographs: Recent photos of both Principal and Agent.

5. Witnesses' Identity Proofs: Aadhaar card, voter ID, passport, or driving license for the two witnesses.

4. Execute the Document

1. Signing: The Principal must sign the POA document in the presence of two adult witnesses.

2. Witnesses' Signatures: The witnesses must also sign the document, attesting that the Principal signed it willingly and is of sound mind.

3. Notarization: Although not always mandatory, notarizing the POA can add an extra layer of authenticity and is often required for registration.

5. Register the Power of Attorney

• Visit the Sub-Registrar's Office: The Principal and the Agent (or their representative) must visit the local Sub-Registrar's office in Mumbai .

• Submit Documents: Provide the original POA document, copies, and the necessary identification documents.

• Pay Fees: Pay the applicable registration fees. The fee amount can vary based on the type of POA and the specific requirements of the Sub-Registrar's office.

• Registration Process: The Sub-Registrar will verify the documents, and the POA will be registered, making it legally binding.

6. Receive the Registered Document

• Collection: After the registration process is complete, you will receive the registered POA document. Ensure that you keep this document in a safe place, as it is now legally valid.

Each step in the Power of Attorney registration process requires careful attention to detail and adherence to legal procedures. The assistance of an expert lawyer is invaluable to ensure that the process is completed correctly and efficiently. At Legalkart, we are always available to guide you through each step, making the process seamless and hassle-free.

These steps outline the procedure for registering a Power of Attorney in Mumbai . With the right legal support, you can ensure that your Power of Attorney is properly executed and legally binding.

How much Stamp Duty is paid for POA in Mumbai?

In Mumbai, the stamp duty payable for a Power of Attorney (PoA) varies depending on the nature of the PoA and the specific transactions it involves. 

1. PoA Required for More Than Two Documents for a Single Transaction:

   • Fee: INR 100
     This cost applies when a PoA is required to manage more than two documents in relation to a single transaction. It covers the administration and processing of multiple documents under a single PoA.

2. Representation Under the Presidency Small Cause Courts Act, 1882 by PoA:

   • Fee: INR 100
     This fee is applicable when the PoA is used to represent the Principal in legal matters under the Presidency Small Cause Courts Act, 1882. This act typically covers small claims and civil disputes.

3. Authorizing Two or More Agents for One Transaction:

   • Fee: INR 100
     If the Principal decides to appoint two or more Agents to handle a single transaction, this fee applies. It covers the legal formalities and documentation required to authorize multiple Agents under the PoA.

4. Power of Attorney for Movable Property:

   • Fee: INR 500
     This fee is applicable when the PoA grants authority over movable property, such as vehicles, jewelry, or financial instruments. It covers the legal processes involved in transferring or managing movable assets.

5. Power of Attorney for Immovable Property:
   Fees for PoAs related to immovable property, such as land or buildings, are typically calculated as a percentage of the property's value. The costs are as follows:

   1. 5% of Property Value if the property is located within a cantonment area or municipal corporation.

      This higher rate reflects the additional legal and administrative oversight required in urban areas with more stringent regulations.

   2. 4% of Property Value if the property is located in a rural region.

      This slightly reduced rate accounts for the generally lower value and regulatory requirements of properties outside urban centers.

   3. 3% of Property Value if the property is within a Gram Panchayat.

      This is the lowest rate, reflecting the simpler regulatory environment and lower property values typically found in village or rural areas managed by Gram Panchayats.

Understanding the Costs

These fees cover various aspects of the PoA creation and registration process, including legal documentation, notarization, and registration with relevant authorities. It's important to budget for these costs when planning to create a PoA in Mumbai, especially if the PoA involves significant transactions or multiple agents.

Additionally, these fees can vary slightly depending on specific local regulations and any updates to state or national laws. Consulting with a legal expert or lawyer who is familiar with Mumbai's legal landscape can provide a more accurate estimate and ensure compliance with all applicable legal requirements.

By understanding these costs, individuals and businesses can make informed decisions about creating a Power of Attorney that fits their specific needs and circumstances in Mumbai.

Nexus between Property Transactions and Power of Attorney (PoA) in Mumbai

The use of a Power of Attorney (PoA) in property transactions is a common practice in Mumbai, especially when the Principal (property owner) is unable to manage the transaction personally. The PoA allows the Principal to appoint an Agent to handle various aspects of property transactions, providing flexibility and efficiency. Here’s how a PoA is typically used in property transactions in Mumbai:

1. Real Estate Transactions

• Role of the PoA: In Mumbai’s bustling real estate market, a PoA is often used to empower an Agent to act on behalf of the Principal. This is particularly useful when the Principal is an NRI, lives abroad, or is otherwise unable to be physically present to handle property dealings. The PoA grants the Agent the authority to initiate and execute transactions related to immovable property, such as land, apartments, or commercial spaces.

• Scope of Powers: A PoA provides a wide array of powers to the Agent, enabling them to:

  • Initiate Sale: The Agent can negotiate and finalize the sale of the property, ensuring that the Principal’s interests are protected.

  • Purchase Property: The Agent can also be authorized to purchase property on behalf of the Principal, handle negotiations, and complete the transaction.

  • Manage Property: The PoA may grant the Agent the authority to manage the property, including collecting rent, overseeing maintenance, or handling tenant issues.

• Legal and Financial Transactions: The PoA may also include the authority to engage in legal and financial transactions associated with property, such as signing agreements, executing sale deeds, and handling payments.

2. Registering the Property

• Importance of Registration: After buying or selling a property, the next critical step is to register the transaction with the Sub-Registrar’s office in Mumbai. Property registration is mandatory to ensure the legal transfer of ownership and to avoid disputes in the future.

• Agent’s Role in Registration: The Agent, empowered by the PoA, plays a key role in the registration process. Since they are authorized to act on behalf of the Principal, they can:

  • Prepare and Submit Documents: The Agent can prepare all necessary documentation for registration, including the sale deed, identity proofs, and any other required papers.

  • Attend Registration: The Agent can represent the Principal at the Sub-Registrar’s office, sign the registration documents, and complete the registration formalities.

  • Pay Stamp Duty and Registration Fees: The Agent is also responsible for paying the applicable stamp duty and registration fees, which are essential for the completion of the registration process.

• Ensuring Compliance: By handling the registration process, the Agent ensures that all legal requirements are met, protecting the Principal’s interests and making sure that the property transaction is legally binding.

How to Register an Overseas Power of Attorney (PoA) in Mumbai

Registering an overseas Power of Attorney (PoA) in Mumbai is a process that allows a Principal who is residing abroad to appoint an Agent in India to manage their affairs. This is especially useful for Non-Resident Indians (NRIs) who have properties, businesses, or other interests in Mumbai. Listed below are the steps to register an overseas POA in Mumbai:

1. Drafting the Power of Attorney Document

• Legal Consultation: It’s advisable to consult with a legal expert familiar with both Indian and the foreign country’s laws to draft the PoA document. The document should clearly outline the scope of authority, duties, and obligations of the Agent.

• Content Requirements: The PoA should include:

  1. Full names and addresses of both the Principal and the Agent.

  2. Specific powers granted to the Agent (e.g., managing property, conducting financial transactions).

  3. Duration and validity of the PoA.

  4. Any specific conditions or limitations.

2. Attestation by the Indian Embassy/Consulate

• Attestation Requirement: The drafted PoA document must be attested by the Indian Embassy or Consulate in the country where the Principal resides. This attestation verifies the authenticity of the document and the identity of the Principal.

• Procedure:

  1. The Principal must appear in person at the Indian Embassy/Consulate with the PoA document and valid identification (e.g., passport).

  2. The Principal will sign the PoA in the presence of consular officials.

  3. The officials will attest the PoA, affixing an official stamp and signature.

3. Notarization

• Local Notarization: In addition to attestation by the Indian Embassy/Consulate, the PoA document may also need to be notarized by a local notary public in the foreign country. This depends on the specific requirements of the jurisdiction.

• Purpose: Notarization adds an additional layer of authentication, ensuring that the PoA is recognized as a legally valid document.

4. Sending the Document to India

• Transmission: Once the PoA is attested and, if necessary, notarized, it needs to be sent to India. The document can be sent via courier to the Agent or directly to the Principal’s legal representative in Mumbai.

• Original Copy Requirement: Ensure that the original attested PoA document is sent, as photocopies or digital copies are typically not acceptable for registration purposes.

5. Registration with the Sub-Registrar in Mumbai

• Sub-Registrar’s Office: The attested PoA must be presented at the local Sub-Registrar’s office in Mumbai for registration. The registration process makes the PoA legally binding and enforceable in India.

• Required Documents:

  1. Original attested PoA document.

  2. Proof of identity and address of both the Agent and the Principal (if applicable).

  3. Passport-sized photographs of the Agent.

  4. Proof of ownership of property (if the PoA pertains to property management).

• Agent’s Presence: The Agent must be physically present at the Sub-Registrar’s office during the registration process. If the Principal is in India, their presence may also be required.

• Witness Requirement: At least two adult witnesses must be present to attest to the signing of the PoA. Their identity proofs and photographs may also be required.

6. Paying Registration Fees

• Fee Payment: The applicable registration fees must be paid at the Sub-Registrar’s office. The fees vary depending on the nature of the PoA (e.g., general or specific) and the property’s value if it concerns immovable property.

• Receipt Collection: Obtain a receipt for the payment of registration fees, which serves as proof of payment.

7. Completion of Registration

• Document Verification: The Sub-Registrar will verify all submitted documents, including the attested PoA, identity proofs, and witness statements.

• Recording and Stamping: Once verified, the Sub-Registrar will record the PoA in the official register and stamp the document, indicating successful registration.

• Collection of Registered Document: The registered PoA document can then be collected by the Agent or legal representative. Ensure that a certified copy is kept for personal records.

Benefits of Hiring Legal Expert for Power of Attorney

Hiring a lawyer for creating a Power of Attorney offers several benefits:

1. Accuracy and Clarity: Ensures the document is accurate and clearly defines the powers granted.

2. Legal Compliance: Guarantees that the document complies with all legal requirements in Mumbai .

3. Conflict Avoidance: Helps avoid potential conflicts by clearly outlining the agent’s responsibilities and limitations.

4. Peace of Mind: Provides peace of mind knowing that your affairs will be managed according to your wishes if you are unable to do so yourself.

Common Scenarios for Using a Power of Attorney in Mumbai 

Here are some common scenarios where a Power of Attorney is used in Mumbai :

1. NRIs Managing Property: Non-Resident Indians (NRIs) often use a PoA to manage their property and financial matters in Mumbai .

2. Elderly Care: Elderly individuals may appoint an agent to handle their financial and healthcare decisions.

3. Business Transactions: Business owners can use a PoA to delegate specific tasks to trusted individuals.

4. Medical Emergencies: A PoA for healthcare can ensure that medical decisions are made according to the principal's wishes.

Specific Areas in Mumbai Where POA  is Typically Required

In Mumbai, Power of Attorney (PoA) is commonly used across various areas for different purposes. Here are some specific areas and scenarios where PoA is typically required:

1. Real Estate Transactions

• South Mumbai: Areas like Colaba, Cuffe Parade, and Marine Drive are known for high-value real estate transactions. PoA is often used here for buying, selling, and managing luxury apartments and commercial properties, especially by NRIs or individuals who are not physically present.

• Bandra, Juhu, and Andheri: These are popular residential and commercial zones. PoAs are used to manage property dealings, including lease agreements and sales, particularly for high-net-worth individuals and celebrities.

• Navi Mumbai and Thane: With significant residential and commercial development, PoAs are common in managing large-scale real estate projects, executing sale deeds, and handling property management tasks.

2. Commercial and Business Hubs

• Lower Parel and Worli: As major business districts, PoAs are used by business owners to delegate authority for managing office spaces, executing business contracts, and handling corporate affairs.

• Bandra-Kurla Complex (BKC): Being a prominent financial and commercial hub, PoAs are utilized by companies to appoint representatives for business transactions, manage financial operations, and interact with government bodies.

• Nariman Point and Fort: Located in South Mumbai, these areas house numerous corporate offices and legal firms. PoAs are required for legal representation, handling business documentation, and managing financial matters.

3. Legal and Court Matters

• Bombay High Court and Surrounding Areas: Lawyers frequently use PoAs to represent clients in legal proceedings, file petitions, and handle various legal matters in and around the Bombay High Court. The PoA allows them to act on behalf of clients who may not be able to attend proceedings personally.

• City Civil and Sessions Court, Dindoshi: PoAs are used for criminal, civil, and family court matters to represent individuals in legal proceedings.

4. Financial Transactions

• Churchgate and Nariman Point: These areas are home to several financial institutions and banks. PoAs are used to manage bank accounts, authorize financial transactions, and handle investment portfolios, especially for clients residing abroad.

• Kalbadevi and Zaveri Bazaar: Known for wholesale markets and jewelry trade, PoAs are often utilized to manage business dealings, authorize financial transactions, and handle day-to-day operations.

5. Healthcare Decisions

• Andheri East (MIDC Area): With several corporate hospitals and medical centers, PoAs are used to authorize individuals to make healthcare decisions on behalf of patients, especially for critical care and end-of-life decisions.

• Bandra and Parel: Home to leading hospitals like Lilavati Hospital and Tata Memorial Hospital, PoAs are required for handling medical decisions and managing treatment plans for patients.

6. Government and Administrative Tasks

• Mantralaya (Government Offices): PoAs are used to represent individuals in government dealings, file applications, and manage legal documentation at various government offices.

• Registrar Offices (Worli, Andheri, etc.): Commonly used for property registration, PoAs are required to authorize representatives to complete registration processes and handle official paperwork.

7. Educational Institutions

• University of Mumbai (Fort Campus) and IIT Bombay: For students studying abroad or for parents managing admission processes and other administrative tasks, PoAs are used to delegate authority to handle these matters efficiently.

How to register the Cancellation Deed of the POA in Mumbai?

Revoking a Power of Attorney (POA) in Mumbai involves a series of legal steps to ensure that the revocation is properly documented and recognized by all relevant parties. Understanding the reasons for revocation and the procedures involved is crucial for ensuring a smooth and legally sound process.

Grounds on Which a Power of Attorney (PoA) Can Be Canceled

There are several circumstances under which a PoA can be canceled by either the Principal or the Agent. Understanding these grounds is essential to ensure that both parties are aware of their rights and obligations. Here are some common grounds for canceling a PoA:

1. Completion of the Transaction for Which the PoA Was Created
   A PoA is often created for a specific purpose, such as completing a real estate transaction, managing financial affairs, or representing the Principal in legal matters. Once the business or transaction for which the PoA was established is completed, the PoA can be canceled as its purpose has been fulfilled.

2. Voluntary Abandonment by the Agent
   If the Agent decides to voluntarily relinquish their responsibilities and powers assigned under the PoA, they can do so by providing written notice to the Principal. This abandonment must be communicated clearly, and the Agent must cease to act on behalf of the Principal.

3. Insolvency or Bankruptcy of the Principal
   If the Principal becomes insolvent or bankrupt, the PoA can be canceled. This is because the Principal's financial instability may affect their ability to oversee the Agent's actions and manage their affairs, thus necessitating the cancellation of the PoA.

4. Death of Any Party
   The PoA automatically terminates upon the death of either the Principal or the Agent. Since the authority granted under the PoA is personal, it cannot be transferred or continue after the death of either party. This ground ensures that the Agent no longer has the legal right to act on behalf of a deceased Principal, and vice versa.

5. Mutual Consent
   A PoA can be canceled by mutual consent of both the Principal and the Agent. If both parties agree that the PoA is no longer needed or if circumstances have changed, they can jointly decide to terminate the PoA. This mutual agreement should be documented in writing to avoid future disputes.

6. Desire to Quit by Any Party
   Either party can decide to quit the PoA arrangement. If the Principal wishes to revoke the powers granted to the Agent, they can cancel the PoA unilaterally. Similarly, if the Agent wishes to withdraw from their duties, they can opt to quit. Proper notice must be given, and the decision should be communicated formally.

Procedures for Revocation

Cancelling a Power of Attorney (PoA) is an important legal process that requires proper documentation and registration to ensure the revocation is recognized and legally binding. If you wish to cancel a previously granted PoA in Mumbai, here’s a step-by-step guide to help you through the process:

1. Drafting the Cancellation Deed

• Legal Consultation: It’s advisable to consult with a legal expert or lawyer to draft the cancellation deed. The deed must clearly state the intention to revoke the Power of Attorney and outline the reasons for cancellation, if applicable.

• Content Requirements: The cancellation deed should include:

  1. Full details of the Principal (the person who granted the PoA) and the Agent (the person appointed under the PoA).

  2. Reference to the original PoA, including date and registration details, if any.

  3. A clear statement of revocation, indicating that all powers granted under the original PoA are terminated.

  4. Any specific conditions or instructions regarding the cancellation process.

2. Execution of the Cancellation Deed

• Signing the Deed: The Principal must sign the cancellation deed in the presence of two adult witnesses. These witnesses must not be related to either the Principal or the Agent to avoid conflicts of interest.

• Witnesses’ Signatures: The witnesses must also sign the deed, attesting that the Principal signed it willingly and is of sound mind.

3. Notarization of the Cancellation Deed

• Notarization Requirement: Although notarization is not always mandatory, it adds an extra layer of authenticity and is often recommended for legal documentation.

• Procedure: The Principal and the witnesses should take the signed cancellation deed to a notary public for notarization. The notary will verify the identities of the signatories, ensure the document was signed voluntarily, and then notarize the deed with an official stamp and signature.

4. Notification to the Agent

• Formal Notification: The Principal must formally notify the Agent about the cancellation of the PoA. This is crucial to inform the Agent that their authority has been revoked and they are no longer authorized to act on behalf of the Principal.

• Delivery of Notification: The notification can be delivered in writing, and it is advisable to send it via registered post with an acknowledgment receipt. This provides proof that the Agent has been informed of the cancellation.

5. Informing Third Parties

• Notification to Third Parties: Any third parties who were interacting with the Agent under the authority of the PoA, such as banks, financial institutions, government bodies, or healthcare providers, should be informed of the cancellation.

• Submission of Cancellation Deed: Provide a copy of the cancellation deed to these third parties to ensure they no longer recognize the Agent’s authority. This step helps prevent unauthorized actions by the Agent post-cancellation.

6. Registration of the Cancellation Deed at the Sub-Registrar’s Office

• Sub-Registrar’s Office: To make the cancellation legally binding, the cancellation deed must be registered at the local Sub-Registrar’s office in Mumbai.

• Required Documents:

  1. Original cancellation deed.

  2. Identity proof of the Principal (e.g., Aadhaar card, passport).

  3. Address proof of the Principal.

  4. Original PoA document (if available).

  5. Identity proofs of the witnesses.

  6. Passport-sized photographs of the Principal.

• Principal’s Presence: The Principal must be physically present at the Sub-Registrar’s office during the registration process. If the Principal is unable to attend, a legal representative may act on their behalf with proper authorization.

7. Paying Registration Fees

• Fee Payment: Registration fees must be paid at the Sub-Registrar’s office. The amount may vary depending on the nature of the cancellation and the value of the transactions involved under the PoA.

• Receipt Collection: Obtain a receipt for the payment of registration fees, which serves as proof of payment.

8. Completion of Registration

• Document Verification: The Sub-Registrar will verify all submitted documents, including the original cancellation deed, identity proofs, and witness statements.

• Recording and Stamping: Once verified, the Sub-Registrar will record the cancellation deed in the official register and stamp the document, indicating successful registration.

• Collection of Registered Document: The registered cancellation deed can then be collected by the Principal or legal representative. Ensure that a certified copy is kept for personal records.

Conclusion

A Power of Attorney is a powerful legal tool that can provide peace of mind and ensure that your affairs are managed according to your wishes. In Mumbai , creating a PoA involves several steps, from drafting the document to registering it with the local Sub-Registrar's office. Legal consultants play a crucial role in this process, offering expert advice and ensuring that the document is legally sound. Whether you need a General or Special Power of Attorney, consulting with legal experts can help you navigate the complexities of this important legal document.

By understanding the Power of Attorney and its implications, you can make informed decisions that protect your interests and those of your loved ones. If you are considering creating a Power of Attorney in Mumbai , seeking the assistance of experienced lawyers is a wise choice to ensure that your document is accurate, legally compliant, and tailored to your specific needs.