Power Of Attorney Affidavit Form: Fill & Download for Free

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PDF Editor FAQ

How can I prepare for drafting a notice, power of attorney, affidavit for CA IPCC (business law, ethics and communication)? I find it difficult to study from PM.

It's quite difficult to memorize all the contents of those things you mentioned. Its wise for you to see some examples of those things in the internet and try to memorize those which contents are repeated in all the examples.For notice its easy, you simply just by heart the Format, Power of Attorney contains some legal terms and phrases so you go by the first para, see some examples for it and then study.Affidavit is also similar case like Power of Attorney it also has some legal terms and Language it's better to study those as it is by referring some examples.Thank you.

Is validating or notarizing a document necessary to be enforceable?

The primary purpose of notarizing a document is to prevent fraud. The signer must appear before the notary and show a satisfactory form of identification.State laws vary. Some documents may be required to be notarized by law, or by the recipient. For other documents, notarizing is not required, or is optional.As a notary, the most common documents that I notarize are powers of attorney, affidavits, real estate deeds, court documents, motor vehicle documents, real estate closing documents, living wills, and last wills.Disclaimer: I am not an attorney and this information is not legal advice.

What is the power of attorney in simple words, or layman’s terms?

It is an instrument that gives authority to undertake legal matters on behalf of a person called donor or principal through a person called agent or donee. The power to take decisions on behalf of principal could be related to property related matters or financial matters. This is because the principal is unable to personally execute himself due to the reasons of living abroad or suffering illness of some kind.Types of Power of attorneyThere are two kinds of Power of attorney, general power of attorney and special power of attorney. A special power of attorney is one where a principal gives special powers to the agent or it’s an authority to act in specified circumstances only. A General power of Attorney on the other hand gives broad powers to the attorney-in–fact (agent). The agent is allowed to take decisions on principal’s behalf which are pertaining to business, financial, insurance, medical or legal matters.There’s another POA known as Enduring Power of Attorney where the principal authorizes the agent to take decisions on his behalf even at the time the principal becomes mentally incapacitated.Both GPA and SPA can contain the clause of enduring POA depending on the needs and circumstances of the principal.Registration of power of attorneyIn cases where the principal is personally present at the sub registrar office:The POA is printed on a RS100 stamp paper and notarized. The POA holder is then required to present himself at the sub registrar office along with two witnesses. The Sub registrar keeps a record of POA and the POA gets registered.It is different when the POA holder is residing out of India:The POA holder is required to send an affidavit through Indian Embassy of that country and the agent in India is required to establish his/her relationship with the POA holder with relevant address and ID proofs. Any immovable propertyhaving value more than RS 100 is required to be necessarily registered.Landmark judgment by Supreme CourtThe Supreme Court in 2011 gave a judgement that the transfer of Immovable properties through GPA was no longer valid. There are properties that are not allowed to be sold for a number of reasons. This rule was misused by GPA holders to execute sale transactions through GPA. The Court ordered to make GPA registration mandatory otherwise the transfer shall be deemed to be invalid. For this reason, most of the state governments have started levying heavy stamp duty tax on GPA registration which is equivalent to that of Sale Deeds.Contact DocketTech for well drafted Power of Attorney

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