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GPA DEED
A General Power of Attorney (GPA) is a legal document that grants an individual the authority to act on behalf of another individual (the principal) in a variety of matters, such as financial, legal, and business transactions. This authority can be broad or limited, depending on the specific powers granted in the document.
Steps for General Power of Attorney Registration:
1. Draft the General Power of Attorney:
- The principal needs to create a GPA document, which outlines the powers being granted to the agent. It should be clear and specific about the scope of authority, such as handling financial matters, managing property, making legal decisions, etc.
- The document must be signed by the principal, and sometimes also by the agent.
2. Include Witnesses:
- Many jurisdictions require that the GPA be signed in the presence of one or more witnesses. The witnesses should not be the agent or anyone who would benefit from the power of attorney.
- In some cases, the document may need to be notarized, particularly for certain types of transactions.
3. Notarization:
- In many jurisdictions, notarizing the General Power of Attorney is essential for its legality and enforceability.
- Notary services authenticate the document and confirm that the principal signed it voluntarily and with full understanding of its contents.
4. Registration (in some jurisdictions):
- In countries like India, a General Power of Attorney may need to be registered with the Sub-Registrar of Assurances (under the Registration Act, 1908), particularly if it involves immovable property transactions.
- The GPA should be executed on a non-judicial stamp paper (the value depends on the state or jurisdiction).
- The principal and the agent may need to appear before the Sub-Registrar with appropriate documents, such as identification proof and the original GPA.
- The document is then registered, and the registration details are recorded.
- Other Jurisdictions: In some countries or states, registration may not be necessary unless the GPA relates to real estate transactions or other specific matters. It may just need to be signed and notarized to be legally valid.
5. Submit the Required Documents:
- When registering a GPA, you may need to submit the following documents:
- The signed and notarized GPA.
- Proof of identity for both the principal and the agent (e.g., passport, Aadhar card, voter ID, etc.).
- Proof of residence (e.g., utility bill, government-issued ID).
- Passport-sized photographs.
6. Payment of Registration Fees:
- There is usually a fee for the registration of the General Power of Attorney. The amount varies by jurisdiction and the type of document involved.
7. Obtain Registered GPA:
- Once the GPA is successfully registered, you will receive a certified copy of the registered document. This serves as the legal proof of the agent’s authority to act on behalf of the principal.
SPECIAL POWER OF ATTORNEY (SPA)
A Special Power of Attorney (SPA) is a legal document that grants someone the authority to act on behalf of another person for specific tasks or purposes. Here are the general steps involved in registering a Special Power of Attorney:
1. Drafting the Special Power of Attorney:
- The first step is to draft the Special Power of Attorney document. This document should clearly state:
- The name of the principal (the person granting the authority).
- The name of the attorney-in-fact or agent (the person receiving the authority).
- The specific powers or duties the agent is authorized to perform (e.g., handling property transactions, managing financial accounts, etc.).
- The duration of the authority, if applicable.
- Any specific limitations or conditions on the powers granted.
2. Execution of the Special Power of Attorney:
- The SPA needs to be signed by the principal in the presence of a notary public or witnesses, depending on local legal requirements. In some jurisdictions, it may need to be witnessed by two individuals who are not beneficiaries or related to the parties involved.
- In some cases, a thumbprint may be required, and the principal may need to present identification to authenticate the document.
3. Notarization:
- Many jurisdictions require the SPA to be notarized to make it official and legally binding. A notary public will verify the identity of the principal and witnesses, and then apply their stamp or seal to the document.
4. Registration of the Special Power of Attorney:
- After the SPA is executed, it may need to be registered with the appropriate government authority, such as the local registrar, land registry, or other public office.
- The SPA may be registered at the local Sub-Registrar office if it involves property transactions.
- In other jurisdictions, registration may be required for specific actions, such as transferring assets, managing bank accounts, or selling real estate.
- The registration process may involve:
- Submitting the signed SPA along with relevant documents (such as identification, proof of address, etc.).
- Paying any applicable registration fees.
- Submitting the document for stamping.
5. Receipt of Registered SPA:
- Once the SPA is registered, the principal or agent will receive a copy of the registered document with an official seal or stamp, signifying its legal validity.
- The document can now be used to empower the agent to act on behalf of the principal in the specific matters outlined.
6. Use of the Registered SPA:
- The registered SPA can now be used by the attorney-in-fact to perform the specific tasks or make decisions as authorized by the principal.
- It is crucial that the agent operates strictly within the scope of authority given in the SPA.
Notes:
- Revocation: The principal can revoke the SPA at any time, as long as they are mentally competent. This revocation needs to be done formally and communicated to any parties involved.
- Validity: The SPA’s validity may depend on the jurisdiction, and some jurisdictions may require re-registration if there are significant changes to the document.