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Power Of Attorney Affidavit Template for India

A Power of Attorney Affidavit is a legally binding document under Indian law that combines the authority-granting nature of a Power of Attorney with the sworn statement format of an affidavit. This document is governed by the Powers of Attorney Act, 1882, and must comply with the Indian Oaths Act, 1969. It allows a principal to delegate specific or general powers to an attorney while affirming under oath the truthfulness of the statements and intentions contained within. The document requires proper attestation, notarization, and potentially registration depending on the powers being granted and the jurisdiction within India where it's being executed.

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What is a Power Of Attorney Affidavit?

The Power of Attorney Affidavit is a crucial legal instrument in Indian jurisdiction that serves to formally delegate authority from one person (principal) to another (attorney) while incorporating the additional security of a sworn statement. This document type is particularly useful when the principal needs to provide irrefutable proof of their intentions and the attorney's authority. Common scenarios include overseas travel, medical incapacity, property transactions, or business operations. The document must comply with both the Powers of Attorney Act, 1882, and the Indian Oaths Act, 1969, requiring proper execution before a notary public. The affidavit component adds an extra layer of legal protection by having the principal swear to the truth of their statements and intentions under oath.

What sections should be included in a Power Of Attorney Affidavit?

1. Title and Date: Clearly states that this is a Power of Attorney Affidavit with the date of execution

2. Affiant Details: Full details of the principal (donor) including name, age, occupation, and complete address

3. Attorney Details: Full details of the appointed attorney (donee) including name, age, occupation, and complete address

4. Verification and ID Proof: References to identity documents of both parties (Aadhaar, PAN, etc.)

5. Purpose Statement: Clear statement of why the Power of Attorney is being granted

6. Powers Granted: Detailed description of the powers being conferred to the attorney

7. Duration: Specific period for which the Power of Attorney is valid

8. Declarations: Principal's declarations about being of sound mind and executing the document voluntarily

9. Revocation Clause: Terms under which the Power of Attorney can be revoked

10. Attestation: Space for signature of principal, attorney, and witnesses

11. Notary Verification: Section for notary to verify the document and affix their seal

What sections are optional to include in a Power Of Attorney Affidavit?

1. Medical Powers: Section detailing medical decision-making powers, used when PoA includes healthcare decisions

2. Property Management: Detailed section about property management powers, used when PoA is primarily for real estate

3. Financial Powers: Section specifying banking and financial powers, used when PoA includes financial management

4. Travel Authorization: Special powers related to travel arrangements, used when principal is overseas or traveling

5. Succession Planning: Additional clauses related to estate planning, used when PoA is part of broader estate planning

6. Substitute Attorney: Provision for appointing a substitute attorney, used when backup attorney might be needed

What schedules should be included in a Power Of Attorney Affidavit?

1. Schedule A - Property Details: List and details of properties covered under the PoA if relating to real estate

2. Schedule B - Financial Accounts: List of bank accounts, investments, and financial instruments covered

3. Schedule C - Specific Powers: Detailed enumeration of specific powers granted to the attorney

4. Appendix 1 - Identity Documents: Copies of identity documents of principal and attorney

5. Appendix 2 - Medical Records: Relevant medical records if PoA includes medical decision-making powers

6. Appendix 3 - Previous PoAs: Copies of any previous or related Powers of Attorney that are being superseded

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Power of Attorney

Cost

Free to use

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