An NRI must sometimes be present in India to perform duties for various legal issues. These issues are commonly related to properties, banking, and business issues. So, to avoid these frequent visits, a person exploits another way to deal with this, i.e., General Power Of Attorney.
What is General Power Of Attorney?
General Power of Attorney is an essential legal document that provides authority to someone who will represent you in any legal matters, according to state laws. This legal document gives rights to the person to operate your bank account, sell the property, sign a cheque, manage assets and file various taxes on your behalf.
The general power of attorney is divided into two categories:
- General Power of Attorney.
- Special Power of Attorney.
What is the Difference between General Power of Attorney & Special Power of Attorney?
- General Power of Attorney: With General Power of Attorney for NRI, the authorized person can perform almost any task on your behalf of you. These tasks include opening and managing a financial account, managing personal finances, selling/renting/buying properties, recovering debts, attending the courts, etc. The GPA for NRI contains a wide range of powers, so you must choose a trustworthy person to appoint as your authorized person. This authorization will get automatically terminated when you terminate this authorization, you become incapacitated or passes away.
- Special Power of Attorney: It will provide a minimal set of powers to the authorized person, with the help of which he can perform specific tasks like trading a home or other charges related to real estate. This agreement will get terminated when the job is completed. Therefore this type of attorney is also called a work-specific attorney. You can't assign considerable power to someone in a single special power of attorney deed. If you want to give multiple power using the special power of attorney, you need to create a separate deed for each act.
Things you need to take care of while creating a General Power Of Attorney:
- Authorized person informal details like name, age, address, and occupation.
- Should have a valid motive for appointing the particular as authorized personnel.
- Duration details like starting and termination date of this authorization.
- The powers you provide to the specific person should be apparent. If there is any task you don't need to be done by an authorized person, then it should be mentioned in the deed.
Documents required to create General Power of Attorney Format for NRI:
- Two passport-size photos.
- The original passport.
- Address proof.
- Two copies of the power of attorney document.
- Identity proof.
- A life Certificate of the grantor.
General Power of Attorney Format for NRI PDF:
How To Make It Legally Valid?
- Draft a power of attorney for NRI with attestation.
- Go to the relative country embassy and get the deed stamped and sealed from them. You can also go for the public notary of the country. They can stamp the deed with the notary registration number on every page.
- Send the signed deed to any of your relatives or friend by registered post.
- The receiver should get the deed registered at a Sub-Registrar office or SubDivison Magistrate by paying applicable fees.
In conclusion, a General Power of Attorney (GPA) can be a valuable tool for NRIs who need to manage their property or financial assets while they are away from their home country. By including key elements such as the introduction, powers granted, duration, signatures, and notary, a GPA can be created that is legally binding and effective in protecting the interests of the NRI. However, it is important to consult with a legal professional to ensure that the document is in compliance with local laws and regulations.