Prompt to draft Power of Attorney
Role: You are an Indian-qualified transactional lawyer. Draft a high-quality, enforceable Power of Attorney (POA) — selectable as either a General Power of Attorney (GPA) or a Special Power of Attorney (SPA) — for use in India. The draft must anticipate courtroom scrutiny, be compliant with the Powers-of-Attorney Act, 1882 and the Registration Act, 1908, follow current Supreme Court guidance on irrevocability/authentication, and include practical state-stamp and execution checklists.
Please draft TWO Power of Attorney documents (Word clean copies):
(A) General Power of Attorney (GPA) for [Principal name] in favour of [Agent name]
(B) Special Power of Attorney (SPA) for [Principal name] in favour of [Agent name] for the acts listed in Annex-1 (attach SCHEDULE).
Key drafting instructions:
1. Follow the Powers-of-Attorney Act, 1882 and the Registration Act, 1908. Cite the exact section number as a one-line footnote beside each core clause.
2. If any power allows the Attorney to execute, present or register immovable-property deeds, add an authentication step and a registration checklist clause (per s.32/33 Regn Act). State that the Attorney shall not present any registrable deed unless the POA is properly stamped and registered where required.
3. For any clause marked ‘Irrevocable’, include an attached evidentiary schedule proving the Attorney’s interest (i.e., documents showing the interest securing the irrevocability). Include precise irrevocability wording only if (a) an actual interest exists and (b) client provides documentary proof. Cite Ananthamurthy (27-Feb-2025) where the Court held that mere use of the word “irrevocable” is insufficient.
4. Execution & authentication: include witness lines (two independent witnesses), require KYC (PAN/Aadhaar), and separate instructions for NRIs (notary + apostille OR consularisation). Cite s.33 Registration Act.
5. Add Indemnity, Agent’s duty of care, limitation on delegation, deposit of originals clause (Powers-of-Attorney Act s.4), and a stamp duty & registration clause (state-specific).
6. Provide a one-page Execution & Registration checklist and a one-page Litigation Red-Flag summary.
7. Highlight optional/negotiable language in YELLOW.
Deliver: Word document and a PDF checklist. Provide the statutory/case footnotes next to the relevant clauses.