What is the Power of Attorney and its types?

Power of Attorney
Real Estate » What is the Power of Attorney and its types?

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We, humans, have the tendency to be prepared for outcomes of the future, whether it be keeping an umbrella for a possible rainy day or granting another individual to act as your spokesperson in the event of your incapacitation or even death. A power of attorney is a doorway to the convenience of having a trustworthy person to represent your case and take care of your assets, properties, businesses, and many more things in life or death. Before you learn what a power of attorney is, Here are some of the reasons why you would need a power of attorney:

  • You’re a senior or otherwise unable to make the necessary decisions.
  • You lack mental capacity and are unable to take the necessary actions.
  • Because you’re a minor, you can’t make the necessary judgments.
  • You are unable to make the decisions you need to because of a medical condition.
  • You are in a position to make decisions that call for legal knowledge and expertise.

Also Read: Facing a Property related Dispute? Know how to solve it.

What Is The Power Of Attorney?

A power of attorney is an agreement that allows a person to name someone else to make decisions on their behalf while they are incapacitated. It is a legal document that gives you the ability to make decisions, manage assets, and conduct business on behalf of someone else. A power of attorney is similar to a will in that it creates a legal document that manages an individual’s assets and transfers control of them to an individual. However, unlike a will, a power of attorney is limited and cannot cover certain decisions and situations. It is often used in the case when the principal is unable to be present at a business meeting or a financial transaction.

The person who is the subject of the power of attorney is called the principal, grantor, or donor (of power). The person who is named in the power of attorney as the decision maker is called the agent, attorney, or attorney-in-fact.

An attorney-in-fact is frequently confused with an attorney-at-law, who is a qualified solicitor or lawyer who represents clients in a certain jurisdiction.

The power of attorney act by the central government of India came into act in May, 1882.

Limitations Of a Grantor/Principal:

The grantor’s mental ability is a fundamental prerequisite for the power of attorney to be lawful and valid. They are unable to use a legitimate power if they are not determined to be mentally capable.

The only method for a person who lacks mental capacity to use their power of attorney is if their guardian or protector successfully petitions the court for conservatorship or guardianship.

The power of attorney will not take effect if the grantor loses their mental capacity after creating it unless they specifically said they wanted it to remain effective after their incapacitation. A durable power of attorney is the name for this type of document.

Limitations Of an Agent:

If a company or institution requires certain actions to be performed only by or in the presence of the principal, for instance, if a bank requires the principal to be present for a certain procedure for identification (like in a bank), the agent cannot represent that principal even though they have been given permission to act on their behalf.

Types of Power of Attorney in India (POA):

In a broad sense, there are two types of Power of Attorney in India:

1) General POA: A general power of attorney authorizes the agent to handle a situation as a whole.

2) Specific POA: A specific POA is used when the attorney-in-fact is authorized by the POA to handle a specific aspect of a subject matter. When a specific POA is in place, the attorney can only exercise the authority that the principal has given him.

Types Of Power Of Attorney Explained In Detail:

1. DURABLE POWER OF ATTORNEY

A durable power of attorney takes effect as soon as it is signed. If you become incapacitated, your agent will carry on on your behalf. A revocation form can be used to revoke a durable power of attorney.

A durable power of attorney can make sure that your money is managed and help you prepare for medical crises and declines in mental capacity. Having these documents in place makes it easier for family members to make difficult medical decisions since confusion and uncertainty are reduced.

2.Health Care Power Of Attorney (hcpoa)

A frequent name for this is an advance directive. A durable health care power of attorney (HCPOA) document enables the agent to make choices regarding the principal’s health on the latter’s behalf. It is also known as a health care proxy, and it appoints the agent to make decisions on behalf of the principal when the latter is unable to do so. It covers choices for procedures and medications, end-of-life care, healthcare policies, consent to or denial of medical care, life-sustaining therapies, hiring or firing of medical staff, and a host of other issues.

3. General Power Of Attorney

A general power of attorney allows you to choose someone to manage your finances, business, real estate, legal affairs, buying and managing life insurance, etc. When you require someone to perform specific tasks while you are away from home or when you are unable to manage your affairs due to illness or incapacity, a general POA is a useful document. It’s important to carefully consider this because it gives someone a lot of control, especially your finances.

4. Special Or Limited Power Of Attorney

With a restricted power of attorney, someone can only act on someone else’s behalf in extremely limited circumstances. For instance, if you want someone else to cash your checks for you, you might require a limited power of attorney. The agent won’t be able to delegate other financial decisions to the principal.

5. Springing Power Of Attorney

Finally, this kind of power of attorney only takes effect when the principal is unable or incapable of acting on his or her behalf. For instance, when military people travel abroad, this kind of power of attorney may become effective. If they become incapable of making decisions, someone else can do so.

Also Read: Power of Attorney | Risks and Concerns for NRIs

6. Bottom Line

Other powers of attorney examples might also be appropriate in some circumstances. To find out more about the various kinds of powers of attorney, get in touch with a legal expert.

Lex Solutions is one of the best boutique law firms based in Chandigarh, India, they have a wide range of legal capabilities across jurisdictions to help you with property disputes and other criminal offenses.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.