- General POA– A general POA gives greater powers to the agent to carry out various responsibilities on behalf of the principal, as detailed in the deed. It is not confined to any specific act relating to a specific subject.
- Specific POA– A specific POA is given for a single specific responsibility and when the act is over, the special POA automatically gets revoked with the power of the holder getting exhausted.
Is it important to notarize a Power of Attorney?
No special way has been provided to execute a POA but, it is advisable to notarize. However, it is quite common to notarize the POA execution. The notarization is managed under the Notaries Act whereby a notary is appointed by State or Central Government to do the prescribed acts inter alia to certify, authenticate, verify, authenticate or attest any instrument.
Moreover, according to the Indian Evidence Act, a POA that is executed before and verified by a Notary Public is presumed to be executed properly.
Is execution of POA from abroad valid in India?
Under Section- 14 of the Notaries Act, the Central Government has been empowered to affirm that notarial act done legally by Notaries from other nations shall be accepted for definite objectives. As a result of this, the Government has notified 3 nations namely Ireland, Belgium and New Zealand.
In addition, the Calcutta High Court in its direction stated that notification under Section- 14 is not compulsory and that Section- 85 of the Evidence Act can apply to documents certified by the notary of different nations.
However, since there is lack of consistency amongst the High Courts, it is recommended that execution of POA outside India must be certified by a representative of the Central Government of that nation or the Indian Vice-Consul or the Indian Consul and not by any other Notary Public.