Power of Attorney Lawyer in Odisha

What is the difference between a general and a special power of attorney?

A general power of attorney authorises the agent to act across a broad range of matters, such as managing property, operating bank accounts, and handling legal proceedings. A special power of attorney is restricted to one specific transaction or purpose, such as selling a particular property.

Is registration of a power of attorney mandatory in Odisha?

Registration is generally mandatory when the power of attorney authorises the sale or transfer of immovable property, under the Registration Act 1908. For other purposes, notarisation may sometimes suffice, though registration provides stronger legal standing and is generally advisable.

Can property be sold directly through a power of attorney without a separate sale deed?

No. A power of attorney only authorises the agent to execute documents on the principal's behalf; it does not itself transfer ownership. A registered sale deed must still be executed and registered by the power of attorney holder to legally transfer title to the buyer.

How does an NRI execute a power of attorney from abroad for property in Odisha?

An NRI can execute the power of attorney abroad and get it attested by the Indian Embassy or Consulate in that country, after which it generally needs to be adjudicated and stamped in India before being used for property transactions, subject to the specific requirements of the transaction.

Can a power of attorney be revoked, and does the other party need to be informed?

Yes. A principal can revoke a power of attorney at any time by executing a deed of revocation, unless it is coupled with an interest that makes it irrevocable. It is important to notify the agent and any relevant third parties, such as banks or registration authorities, of the revocation.