General Power Of Attorney GPA is given to any associate/comrade who is trustworthy enough to deal with the matters, assigned by the parent owner like buying, selling, renting, collecting rents, payment of taxes, conducting or managing any legal proceedings or matters on behalf of the owner’s absence. The Attorney by all means is accountable for all the acts performed in the owner’s absence. So the Grantor and Attorney should thoroughly think twice before taking, giving responsibility. To effect and carry out necessary repairs, additions, etc., in the said property as and when may be desired, and for this purpose obtain all the necessary
permissions and/or sanctions, necessary from any appropriate authority.
To become a GPA, Grantor has to draft the deed and make the terms and conditions assigned to the Attorney concerning all the matters to which he is agreed with the parent owner.
GPA has to be drafted on a judicial stamp paper of due value by paying stamp duty fees of a concerned state where the immovable property is geographically located.
Document signed by both the Grantor/owner and GPA holder on every paper in the grantor and GPA section. Two witnesses’ signatures on the assigned last page with photos.
Since here the GPA is given to an immovable property it has to be registered in the particular Sub- Registrar office of that region by paying the fees as per the state rules.
Basic terms and conditions to induct into a GPA deed for a property. Firstly the grantor who grants power to whom, details is mentioned in the initial draft. Name, Age, Sex Residence, Occupation,etc.
Next, the attorney details whom he got the power to perform. Attorney Name, Age, Sex, Residence, Occupation, etc.
Then the purpose for giving the powers to the attorney should be mentioned clearly. The reason behind assigning responsibility like Inability to act because of health conditions, hospitalization, Residing outside the state where he cannot perform the above acts, etc.
Details of the powers granted to the attorney what is assigned and what is not in the draft very clearly like the attorney has to sell, pay the tax, lease the property, collect the rents, perform in legal proceedings, etc.
The grantor has to carefully make clauses according to his terms as per legal experts’ advice by considering the due course of untoward incidents. The attorney should be mentally sound and capable enough to perform the deed and its responsibilities. With signatures of the grantor, attorney, witnesses in the stamp paper.
If the grantor feels to cancel/revoke the GPA that he created can do so by making a deed of Revocation/ cancel of Power of Attorney by duly paying the fees in the Sub-Registrar office.
Onother way a GPA is automatically gets cancelled on the death of an Executant. Principal Executant may cancel at anytime.
Sample of General Power of Attorney
(This is just a guide line and clients are expected to finalise their own draft as per
their requirements from their Advocate)
TO ALL TO WHOM THESE PRESENTS SHALL COME
Know all men by these presents that I ……………… s/o …………….. aged …….
yrs r/o …………………………………., state as follows :-
Whereas I am personally unable to attend to the managerial and other affairs with
respect to my property ……………(Description of property)……………., so
I, hereby nominate and appoint Shri/Smt……………..………………
R/o……………… as my true and lawful Attorney to act for and on my behalf and
I authorize and empower him to do the following acts, deeds and things on my
behalf:-
1. To rent the aforementioned property by leave and license agreement.
2. To purchase the stamp, make, sign, execute and admit the execution of leave
and license agreement and to appear before the sub registrar for the
registration of the leave and license agreement of the aforesaid property.
3. To demand, collect the rent due on the aforementioned property.
4. To manage and control my aforesaid property including collection of
monthly rents, from the licensees and issuance of proper stamped receipts
acknowledging the rent received.
5. To make applications, affidavits, documents etc., to the Govt. Departments
and any other concerned authorities, required for the managing of the
aforesaid property and to do all other acts, deeds and things in respect
thereof.
6. To effect and carry out necessary repairs, additions, etc., in the said property
as and when may be desired, and for this purpose obtain all the necessary
permissions and/or sanctions, necessary from any appropriate authority.
7. To deal with Govt. departments and other local bodies for the purpose of
any essential facilities or amenities required to be provided in the building.
He can sign all papers and documents etc. for this purpose.
8. To pay all the taxes, Municipal levies and other taxes, which may be,
required to be paid.
9. To file any objections with Govt. departments or other local body of
Government for any purpose related with said property.
10.To furnish the details of Licensee to concerned Police Station, to get No
Objection from the local Police by appearing personally as and when
required or called by the Police of concerned jurisdiction.
11.To pay maintenance charges to society and attend society meetings.
12.To engage any Advocate or Attorney for the purpose and or to appear for
and represent our in all the courts, civil, criminal or revenue including
labour tribunals, original, revisional or appellate, in any registration offices,
and also to present appeals in any court, and also to accept services of all
summons, notices and other processes of law.
13.AND GENERALLY TO DO ALL other acts, deeds and things, which my
said attorneys may deem fit and proper for the maintenance, upkeep of my
property.
14.This power of attorney is without any consideration.
Provided that the said attorney shall not sell or transfer the ownership of the
property to any person. Provided further that the said attorney shall keep true
accounts of all activities performed by virtue of this power of attorney.
AND
I hereby agree and undertake to confirm and ratify all and whatsoever my said
attorney shall do or purport to do by the virtue of this power of attorney.
IN WITNESS WHERE OF this deed is signed by me at ________on this
______day of_______
1. EXECUTANT
Name & Signature –
2. ATTORNEY HOLDER
“I hereby accept all the powers.”
Name & Signature –
WITNESSES:
1. …………………
Name and Address of Witness 1
2. …………………
Name and Address of Witness 2
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