In India, the validity of a power of attorney (POA) depends on the type of POA and the purpose for which it is granted. There are two types of POA: general POA and special POA.
- General Power of Attorney: A general power of attorney is a broad authorization given by a person (the principal) to another person (the agent) to act on their behalf in various matters, including financial and legal matters. A general POA is valid until it is revoked by the principal, or until the principal becomes mentally or physically incapable of managing their affairs.
- Special Power of Attorney: A special power of attorney is a specific authorization given by a person (the principal) to another person (the agent) to act on their behalf in a particular matter, such as selling a property or representing them in court. A special POA is valid only for the specific purpose for which it is granted and for the period specified in the POA.
It is important to note that a power of attorney can be revoked by the principal at any time, provided they are mentally and physically capable of doing so. The revocation must be in writing and must be communicated to the agent.
In summary, the validity of a power of attorney in India depends on the type of POA and the purpose for which it is granted. A general POA is valid until it is revoked by the principal, while a special POA is valid only for the specific purpose for which it is granted and for the period specified in the POA.
