The Power of Attorney in India is regulated by the Powers of Attorney Act 1882. This legal instrument provides people with the ability to conduct business that they would otherwise be unable to do. It is important to note that a Special Power of Attorney (SPA) is only granted for a specific task and terminates once the task is completed. Non-Resident Indians (NRIs) must check the process for obtaining a certified power of attorney from the Embassy of India. An apostilled copy is a certificate from State officials verifying that the notarized copy of the power of attorney is valid. It is important to note that an agent cannot obligate the director to a greater extent than what is allowed by the power of attorney.
On the other hand, a special power of attorney is created to give an agent the power to complete a specific job. For example, NRIs can create a tried and tested power of attorney for banks such as SBI, National Bank of Punjab, or private banks such as ICICI, HDFC, etc. to help their family members sign loan documents in India. In addition, NRIs can print a template to get a special power of attorney to share rights to own or rent property or apartments. However, this deed must comply with Indian laws such as the Indian Registration Act 1908 and the Power of Attorney Act 1882. When deciding whether a given power of attorney is linked to interests or not, consideration must be given to the facts of each case and to the wording of the instrument itself. In simple terms, it is the right that a person (principal) grants to a lawyer (legal representative).
To do this, NRIs can always grant powers to transact with another person who is a family member or friend. Usually, this power of attorney is created by someone who is unable to conduct transactions in person due to various reasons. This includes powers related to property, legal and judicial proceedings, banking, payment of taxes, etc., which are transferred to another person for any reason. An NRI or non-resident Indian can make a power of attorney deed even if they stay outside India without having to come to India for that purpose.
