D.P.

C 1- Internal Assignment
D.P.C 1 - Internal Assignment

Q1.
Q. 1 Explain meaning of Vakalatnama. Draft Vakalatnama for High Court?
Answer:

Vakalatnama:
“Vakalatnama” includes a memorandum of appearance or any other document by which an
advocate is empowered to appear or plead before any court, tribunal or other authority;

Vakalatnama can be defined as a written document signed by the grantor to allow his advocate to
plead the case in front of the court for the respective legal dispute the advocate is assigned for
through which the advocate gets legal powers to handle the case.

Court discipline has certain rules & regulations which is the priority in court proceedings. For that,
the aggrieved party appoints an advocate to plead for the case in front of the court. But, the lawyer
has to have the approval of the party to plead for the case and there has to be a physical document
which states that the advocate has been given the authority by the client on his behalf to plead for
the case in front of the court. For this, the Vakalatnama is the authoritative document to be
submitted to the court.

Vakalatnama, the document absorbs the motive of presenting oneself, i.e. the advocate, on behalf of
another person, i.e. the client, which allows the advocate to plead the case in front of any legal
authority covering court authorities. This document holder is called the pleader & the validity shall
remain till:
The end of the case.
The client of the pleader allows it.
Death of the pleader or client.

A Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the

clients matter in a court of law.

The Vakalatnama contains:

 The date on which it is executed.

 The name of case / cases for which the pleader(s) has been appointed
 The name of the court / courts for which the pleader has been appointed
 The name of the party appointing the Advocate and the parties authority to appoint (Eg:
Power of Attorney Holder or Recognised Agent)
 If not executed by the party in person, then the document supporting the appointment
 The name of the lawyer / pleader / advocate(s) so appointed
 The address of the pleader, for service of documents
  The case title / number to identify the case for which the appointment has been made
 The powers / decision making authority given to the advocate. This may limit the advocate
only to obtain certified copies, or
 Signature of the party or parties (with the name of the party or parties next to it)
 Signature of the pleader(s) or lawyer(s) accepting the vakalatnama

A Vakalatnama can be given by:

The party (in person)
A person holding a power of attorney for the party
A person carrying on trade or business on behalf of the party in that jurisdiction

Vakalatnama given to:

The vakalatnama can be given to one or many advocates / pleaders. Each of their names must be
specifically mentioned.

After the Vakalatnama is given, it is filed in court within the prescribed period.

Vakalatnama need to be stamped:

Yes.Advocates Welfare Fund Stamps need to be affixed to the Vakalatnama.

As per section 27 of the Advocates Welfare Fund Act, 2001:

Vakalatnama to bear stamps:

1. Every advocate shall affix stamp of a value of-

a. five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the
District Court;

b. ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court or
the Supreme Court: Provided that the appropriate Government may prescribe the value of the
stamps not exceeding twenty-five rupees to be affixed under this sub-section: Provided further that
the appropriate Government may prescribe different value of the stamps to be affixed on every
Vakalatnama to be filed in a District Court, or a court subordinate to the District Court or a tribunal
or other authority or a High Court or the Supreme Court.

2. The value of the stamp shall neither be the cost in a case nor be collected in any event from the
client.
3. Any contravention of the provisions of sub-section (1) or sub-section (2) by any advocate shall
disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall
report such contravention to the State Bar Council for appropriate action.

4. Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to
the District Court or a tribunal or other authority or a High Court or the Supreme Court shall be
cancelled in such manner as may be prescribed.

Duration of the effect of the Vakalatnama:

A Vakalatnama be withdrawn:
A Vakalatnama is said to be in force until:
The client dies or
The pleader / lawyer dies or
The client withdraws the Vakalatnama and the Court permits such withdrawal or
The lawyer / pleader withdraws the Vakalatnama and the Court permits such withdrawal or
The proceedings of the case are ended
(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1),
be deemed to be in force until determined with the leave of the court by a writing signed by
the client or the pleader, as the case may be, and filed in Court or until the client or the
pleader dies, or until all proceedings in.the suit are ended so far as regards the client.

Bombay High Court Rule:

Rules framed by the High Court under section 34(1) of the Advocates Act, 1961 (Act 25 of
1961)

A party who wishes to discharge the Advocate engaged by him may apply to the Court for
an order of discharge by following a similar procedure and the Court, if it is satisfied, may
pass orders discharging the Advocate and while doing so impose such terms and conditions
as it may deem proper.

POINTS TO BE NOTED BEFORE SIGNING VAKALATNAMA:

The Following points are important while signing a Vakalatnama.

1. This Valakalatnama is useful only for Trial Courts, Consumer Forums, Tribunals and High Court. For
Supreme Court there is another format of Vakalatnama. Only Advocate on Record can file
Vakalatnama in Supreme Court in his name.
2. The Vakalatnama should be in the name of an Advocate

3. To change your Advocate, No Objection Certificate is not required in many courts, but you have to
confirm it from particular court to avoid disputes or problems if any.

Draft Vakalatnama for High Court:

IN THE COURT OF………………………………………………………………………………..

Suit/Appeal No………………………………………………………………………….of 200…
In re:-
……………….……………………………………………………Plaintiff /Appellant /Petitioner/
Complainant
Vs
……………………………….……………………………………Defendant/Respondent/
Accused
KNOW ALL to whom these present shall come that I/We.
………………………………………….the above named……………………………………...do
hereby appoint:
(herein after called the advocate/s) to be my/our Advocate in the above
noted case authorise him:-
1. To act, appear and plead in the above-noted case in this Court or in
any other Court in which the same may be tried or heard and also
in the appellate Court including High Court subject to payment of
fees separately for each Court by me/us.
2. To sign, file, verify and present pleadings, appeals, cross-objections
or petitions for executions review revision, withdrawal, compromise
or other petitions or affidavits or other documents as may be
deemed necessary or proper for the prosecution of the said case in
all its stages subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the
documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration
any differences or disputes that may arise touching or in any
manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant
receipts thereof and to do all other acts and things which may be
necessary to be done for the progress and in the course of the
prosecution of the said case.
7. To appoint and instruct any other Legal Practitioner authorising him
to exercise the power and authority hereby conferred upon the
Advocate whenever he may think fit to do so and to sign the power
of attorney on our behalf.
8. And I/We the undersigned do hereby agree to rectify and confirm all
acts done by the Advocate or his substitute in the matter as my/our
own acts, as if done by me/us to all intents and proposes.
9. And I/We undertake that I/We or my/our duly authorised agent
would appear in Court on all hearings and will inform the Advocate
for appearance when the case is called.
10. And I/We the undersigned do hereby agree not to hold the advocate
or his substitute responsible for the result of the said case. 11. The
adjournment costs whenever ordered by the Court shall be of
the Advocate which he shall receive and retain for himself.
12. And I/We the undersigned to hereby agree that in the event of the
whole or part of the fee agreed by me/us to be paid to the advocate
remaining unpaid he shall be entitled to withdraw from the
prosecution of the said case until the same is paid up. The fee
settled is only for the above case and above Court. I//we hereby
agree that once fee is paid, I/We will not be entitled for the refund
of the same in any case whatsoever and if the case prolongs for
more than 3 years the original fee shall be paid again by me/us.
IN WITNESS WHEREOF I/We do hereunto set my/our hand to these
presents the contents of which have been understood by me/us on
this………….day of …………200
Accepted subject to the terms of the fees.

Advocate Client Client

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Q2.
Q. 2 Write the general rule and meaning of the affidavit. Draft and Affidavit for Change of
Name.
Answer:
Affidavit:
A written statement confirmed by oath or affirmation, for use as evidence in court.
An “affidavit” is a written statement. It considers having a format under oath. It’s only valid
when it is on a voluntary basis and without coercion. When you sign an affidavit, you say
that the evidence is accurate and that you are aware of the details in the affidavit
personally. You must say, by signing, that you are able to testify about the information
contained in the affidavit and are called to trial. Moreover, an affidavit is, in other words, a
statement of facts in writing and maintains before a person having the authority to give an
oath. All affidavits are statements with verification and have prints on various
denominations of Stamp papers.

All affidavits must have the first person and should contain evidence and not inferences. An
individual making an affidavit is known as a Deponent or an Affiant.

need of an Affidavit and usages:

They are most often filed with the court to show that specific information is true. In some
cases, an attorney can use your affidavit so that you do not have to appear in court or at
another official legal proceeding. They can save considerable time and money in a variety of
legal events.

Affidavits automatically require a number of judicial proceedings, particularly in estate

planning matters and family law issues. Without these affidavits, other legal instruments
may not be considered valid or proving that they are valid.

Affidavits are useful beyond the courtroom as well. Banks, insurance companies, and other
entities may require an affidavit as part of their official functions.

The validity of an Affidavit

Validity may be of two types-
(A). Authenticity – The authenticity and veracity of the affidavit ‘s contents of an affidavit
decide its validity; and

(B). Time – Validity as to the duration of the affidavit (is it ever expiring?)

Essential features of an Affidavit:

An affidavit should be in writing because it applies as a record in court.
It has to be a statement that a person makes.
Additionally, it mentions the facts according to the deponent’s best knowledge and belief.
It has to be sworn in before an officer or magistrate is allowed to give an oath.
Moreover, it must be done in the first person, as affidavits on behalf of other persons
cannot be created.

CHANGE OF NAME AFFIDAVIT:

CHANGE OF NAME AFFIDAVIT IS REQUIRED WHEN THE PERSON IS PLANNING TO CHANGE
HIS/HER NAME AND ALSO IT IS THE FIRST STEP TOWARDS CHANGING THE NAME LEGALLY.
Here are the Steps involved for Changing Name Legally-

STEP 1– Make an Affidavit for Change in Name pertaining the valid reasons for
Changing/Correcting the name.

STEP 2– Newspaper Publication- Publish the advertisement in 2 local Newspaper of your

state and preserve the copies of that newspaper in which your statement is published.

STEP 3– Publication in Gazette of India – Publish the Notification in Gazette of India about
the Name Change with necessary Documents and publication fees.

Procedure for Name Change in India:

There are three mandatory things, which are needed to be done for authorizing the name
change:
1. Affidavit Submission: An affidavit needs to be prepared for the name change.
2. Ad Publication: An announcement should be published in the newspaper.
3. Gazette Notification: A notification should be published in the Gazette of India regarding
the name change.

NOTE: Gazette meaning – Gazette means any form of a journal, newspaper where it is
published officially.

1. Affidavit Submission
The first step in the legal procedure is affidavit submission. You need to contact a notary to
do the needful. The following steps would make the process simpler and clearer:

1. Approach your local notary and mention your request.

2. The notary will suggest the stamp paper of the required value on which the affidavit for
the name change is made.

3. Once you have the paper, you need to provide the following details:
a. Name and New name
b. Current address
c. Reason for the name change (Astrology, numerology, marriage, etc)

4. Once the affidavit is printed on a plain stamp paper, it needs to be signed by two
witnesses. The legal procedure is to get it signed by two persons of gazetted officer rank.
Ensure that you have their signature, along with their stamp (rubber stamp).

5. The procedure for a name change, in the case of a central government employee, needs
to be done in lieu with the Ministry of Home Affairs O.M. No. – 190016/1/87-Estt. Dated
12.03.1987. Ask the Notary for advice or read the guidelines.

6. Married women, who would like to change their surname or add their husband’s name as
initials, are required to provide the following details:
a. Old name with the father’s name and address;
b. A new name with husband’s name and address;
c. Marriage date.

The affidavit reflects both your old and new names. Affidavits can be used for changing the
whole name, surname or just a few letters.

Keep a copy of the affidavit. This is a crucial document and comes in handy for any future
legal formalities.
For overseas Indians, who would like to change their name, one needs to submit a deed
stating the change of name, duly signed by the Indian High Commission office or the Indian
Embassy.

2. Newspaper Publication
If you have made the affidavit, the next step is to publish an advertisement/notification in
the local newspaper that you have changed your name. For this, you need to select two
newspapers, one published in the official language of the state and the other, an English
daily.

For instance, if you reside in Madhya Pradesh, you can opt for Dainik Bhaskar and Times of
India/Hindustan Times. If you are from Tamil Nadu, you can opt for Dinakaran/Dina Thanthi
and The Hindu/Indian Express.
The requirement is to pick two popular daily and send a request to them, stating the
following details:
a. Your new name
b. Your old name
c. Date of Birth
d. Address

Name Change Advertisement Example:

The newspapers allot a column for these notifications and will be able to guide you on this.
The format can be had from any newspaper. Here is a simple example. Let’s assume XYZ is
changing his name to ABC.

I, XYZ, residing at, have changed my name to ABC and will be known as ABC from here on in.
I have submitted an affidavit to this effect, which was signed by on.
Married women, who would like to change their surname after marriage, should add their
husband’s name and address in the notification.

Once your notification is published in the newspaper, remember to collect as many copies
as you can, and store it for future use. Although one single copy will suffice, it is better to
store as many original newspaper ad copies as you can, to be on the safer side.

3. Gazette Notification
We are well at the end now, with just the Name Change Gazette Procedure remaining. Once
your gazette notification is published, your name change will be legally complete.
The name change gazette notification is mandatory for those in employment with the
government and optional for others. However, it is substantial proof of your name change.
Since it just involves sending a few documents for publication, it may make sense to go
through with it.

Here is what you need to do to submit the Gazette notification:

Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication,
Department of Publication;
Alternatively, a letter of declaration from you, stating the need for changing the name will
do;
Carry original copies of advertisements published with the date. (Attach both ads);
Carry two attested photographs to ensure you go ahead with the procedure uninterrupted;
Carry address and identity proofs (The address should be the same as the one published in
the newspaper and affidavit. Any change of address might result in rejection of application).
However, before sending in the following details, call the Controller’s office of Publication to
get a detailed account of what all need to be sent, and note it down. Also, put the above
documents in an A4 sized envelope before sending it to the below-mentioned address.

The office of the Controller of Publication will send information, with the necessary copies of
the Gazette on which the Advertisement/Notification has appeared. Keep this safe for
future reference.
 SPECIMEN AFFIDAVIT FOR CHANGE IN NAME
(On non-judicial stamp paper of minimum value)

I Mr. ……………………….. S/o ………………………………… aged about Yrs. Resided

at………………………………. Do hereby solemnly affirm and sate a follows:

1. That my recorded name in school and college is (YOURNAME), but I myself

popularly known as (New name).

2. That by virtue of this affidavit, I changed my name from YOURNAME (old name) to
CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new name) for
all purposes.

3. That for the purpose of evidencing such my determination declare that I shall at all times
hereafter in all records, deeds and writings and in all proceedings, dealings and
transactions, private as well as upon all occasions whatsoever, use and sign the name of
………………… as my name/surname in place and in substitution of my former
name/surname.

4. That the facts stated above are true to the best of my knowledge and belief.

5. In witness whereof I have hereunto subscribed my former and adopted name/surname of

………….. snd ……… affix my signature and seal, if any, this ………………….. day of ………

Signed sealed and delivered by the above name

Date…….

Former name ……………

In the presence of:

Name……………….. Name ………………….

Address……………. Address ………………..

(This affidavit may be signed and attested in presence of a Judicial Magistrate or Executive
Magistrate/Notary Public or Consular Officer in an Indian Mission abroad)

Note: In case of change of name, applicant should insert advertisements in two reputed newspapers
(one local newspaper of the area in which he/she is residing and 2nd in newspaper of the
area of permanent address) and submit original newspapers at the time of applying to Institute.

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Q3.
Q. 3 Explain the meaning and essentials of promissory note. Draft promissory note
payable on demand and joint promissory note.
Answer:

Promissory note:
A Promissory Note is a unique financial instrument which binds the borrowers by law to pay
the lender the specified sum of money at a specified date or on demand. Promissory Notes
are negotiable instruments issued under the Negotiable Instruments Act and can be of
different types, such as with single or joint borrowers, to be paid on demand or on
installments, payment to be made in a lump sum, with interest or without interest.

Promissory Note is issued when a Person gives another person a certain amount of money
for a fixed period of time with a written promise that the person whom certain amount of
money is being provided will return the money as per the written guidelines in the
promissory note. In case if that person does not repay the amount in the stipulated period
of time then, a legal action will be brought against that person.

Certain conditions required for issuing of Promissory Note :

Promissory Notes are created to fit the transaction that one is involved in and nothing more
than it. Promissory note is used against the loan given and also against loan taken but some
particular mentioned area where it is also used like– Mortgages, Student loans, Car loans,
and Personal loans between relatives one. During the lending of a large amount of money,
need or promissory note template so that promissory note can be made and be prevented
from losing their lend money to others.

A promissory note contains all types of guidelines and all types of terms and conditions
required for fulfilling the criteria of Promissory note. The Promissory note should include
certain details which is required in every circumstances like:

The name and Address of both the lender and the borrower.
Total amount which is being borrowed and if any collateral is being put down it should also
be mentioned down.
Time limit and how often payments will be made.
Signature of both the parties must be there in order to Promissory note enforceable by law.
Different forms of Promissory Note
After analyzing details required for a Promissory note and what is a Promissory note and
from where it originates now we are going to see different types of Promissory note. Some
forms of the Promissory note are:

Simple Promissory Note: This Promissory note is for a lump sum repayment on a particular
date as per the terms and condition mentioned. In this Interest rate may or may not be
charged on the loan amount, depending on the agreed terms and condition.
Demand Promissory Note: As the name suggests Demand, it is clearly explicit that it is
totally based on demand and made on demand. This Promissory note is one in which
payment is due when the lender asks for the money back after the finish of the stipulated
time period.
Secured Promissory Note: A Secured Promissory Note is a type in which there is an
obligation to pay the amount which is taken as a loan which is secured or we can say that
for which collateral has been put down and if the person who takes loan fails to pay within
the stipulated period of time then that collateral is being seized. The collateral is anything of
the same value of loan taken like- real estate or personal property. Secured Promissory
notes are most often used in loans of fairly large sums borrowed from commercial lenders
and mostly prevalent in the money market. So, it is also called a Money market instrument.
Unsecured Promissory Note: An Unsecured Promissory note is an obligation on the person
who has taken loan for payment but there is no requirement of Collateral or seizure of
property earlier as a security. In this type, if the Payer fails to pay the required sum of
money within the stipulated period of time, the Payee has a full right to go for legal action
and file lawsuit against him but if it is found that the property available to the person who
has taken loan is not sufficient to make repayment then its totally Bad luck of person who
have given loan to that person. This type of promissory note is uncertain and nothing can be
done else.
Convertible Promissory Note: Convertible Promissory Note is not like an ordinary one. This
type of Promissory Note is issued against the loans made to businesses and the Corporate
Sector. This Promissory Note is with an additional provision that allows the debt to be
converted as the name itself suggests in the business, in lieu of being repaid. And this
Convertible Promissory Note can be either of them i.e. Secured Promissory Note or
Unsecured Promissory Note.

Section 4 of the Negotiable Instrument Act, 1881

Promissory Note
A “Promissory note” is an instrument in writing (not being a bank-note or a currency-note)
containing an unconditional undertaking signed by the maker, to pay a certain sum of
money only to, or to the order of, a certain person, or to the bearer of the instrument.

Certain Key Pointers of Promissory Note:

A Promissory note is only issued under the Section 4 of the Negotiable Instrument Act, 1881
and all the terms and conditions are mentioned in this act for the successful transaction and
delivery of a Promissory note.
Suppose a Promissory note is being issued in one state but now it has to be presented in
another state then there will be no problem in dealing in another state with the same
Promissory note and with the same stamp as the note bears valid stamp.
A Promissory note should not be typed or printed, it should be totally hand written and it
should contain all the required elements for the valid transfer of Promissory Note.
Most essential things is that a Promissory note is valid up to the extent of 3 years starting
from when the Promissory note is executed and at the end of 3 years that Promissory note
becomes invalid and a fresh Promissory note is being executed in favour of that same
person.
And in case of Promissory note execution there is no maximum limit of amount which can
be lent or borrowed.
In many cases, a witness is being taken for the proof but is totally optional and it is not
mandatory. It is advisable to have a note signed by a witness who is independent from the
transaction.
After analyzing and explaining different elements of Promissory note, what it is, how
execution of Promissory notes take place now the different parties involved in the execution
of Promissory note will be defined and explained. The Parties involved in Execution of
Promissory Note are: (1) Drawer (2) Drawee (3) Payee.

Drawee is the Person in whose favour the Promissory note is prepared and this person is
the creditor who provides goods or services on credit or lends capital. It also depends on
two things that the drawee is willing to provide and able to provide. After this comes
Drawer, it is the person or we can say borrower or debtor who promises to pay the debt to
the moneylender within the given time period and as per the terms and condition. Now
comes Payee, who takes the money or to whom the money or payment is made. And it is
not necessarily required that payee and drawee should be two separate people or entities,
both can be the same also.

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Compulsory elements of a Promissory Note:
A Promissory Note will only be enforceable if it includes all the elements which are
necessary to make it a legal document. To make a Promissory Note enforceable, I must
contain the following information.

Names of All Involved Parties -the Promissory Note must include the legal names of all the
parties who are a part of the transaction.
Contact /Address Details of All Parties - The note must include the address and contact
number of all the parties which are involved in the transaction.
Loan Amount - The loan amount that is being borrowed or lent.
Date of Repayment - The note must clearly state the date on which the repayment for the
loaned amount must be paid.
Rate of Interest - In case interest is being charged on the lent or borrowed amount, the note
must mention the rate of interest which will be calculated on the basis of APR (annual
percentage rate).
Final Amount After Addition of Interest - In case interest is being charged, the note must
clearly mention the final amount which is to be repaid after the interest is applied. The final
amount will include the principal loan amount + the interest rate applicable.
Collateral Hold / Pledge of Security Agreement - the note must contain the list of goods /
services which are being put as a guarantee on the loan and also their value.
Terms of Repayment - The note must have a clear mention of the terms on which the
repayment of the loan must be done. Inclusions can also be made for late or missed
payments.
Default Terms - The note must clearly mention the terms applicable in case the borrower
fails to make the payment of the loan amount on time.
Signature - The note must compulsorily include the signature of the borrower and a witness.
Whether the signature of the lender is a mandatory requirement will differ from state to
state. However, the signatures of the borrower and witness are of prime importance as
without them, the note will be invalid and not have any legal capacity in a court of law.

Important Points to Remember about Promissory Notes:

A Promissory Note is issued under Section 4 of the Negotiable Instruments Act, 1881
Promissory Notes issued in one Indian state can be presented in another state provided that
the note bears the valid stamp. There is no requirement for additional stamp duty to be
paid.
A Promissory Note must always be written by hand. It must include all the mandatory
elements such as the legal names of the payee and maker’s name, amount being loaned / to
be repaid, full terms of the agreement and the full amount of liability, beside other
elements.
The note must clearly mention only the promise of making the repayment and no other
conditions.
After issuance, a Promissory Note must be stamped according to the regulations of the
Indian Stamp Act. The common practice is to use a revenue stamp on the note which is then
signed by the promissory and/or cross signed by the borrower.
A Promissory Note can also be issued on a Stamp paper in case revenue stamps are
unavailable.
The ideal way to lend money is via issuing crossed account cheques. Details of the cheques
can be mentioned in the note.
All Promissory Notes are valid only for a period of 3 years starting from the date of
execution, after which they will be invalid.
There is no maximum limit in terms of the amount which can be lent or borrowed.
The issuer / lender of the funds is normally the one who will hold the Promissory Note.
When the loan amount has been disbursed or repaid fully, the Promissory Note must be
cancelled and marked as “Paid in Full”, after which it can be returned to the borrower /
payee.
While the signature of a witness is not a mandatory requirement, it is advisable to have a
note signed by a witness who is independent from the transaction.
DEMAND PROMISSORY NOTE

DEMAND PROMISSORY NOTE

Rs.............................. ON DEMAND, I/We,................................................................................, promise

to pay BANK LIMITED (“Lender”). or order, the sum of Rs…………………………………
(Rupees................................................………… only) together with interest from the date hereof, at
…………% per annum or such other rate the Lender may fix from time to time, compounding and
payable with daily/monthly/quarterly rests, for value received.

…………………………………………

Signature of the Borrower(s) Revenue

Place: .................... Stamp

Date: ................…...

The Borrower(s) has to sign across the revenue stamp & DP Note

JOINT PROMISSORY NOTE:

JOINT PROMISSORY NOTE

We, Sri.______________________ S/o._____________________ and Sri.______________________

S/o._________________________ promise to pay Sri.______________________
S/o._____________________ the sum of Rs.________ (Rupees________________only) for value
received.

Place: [Signed] Revenue

Stamp

Date: [Signed] Revenue

Stamp
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Q4.
Q. 4 Define will and State essential ingredient of will. Draft a will.

Answer:

Will:
A Will is a legal declaration of a person on a document regarding the distribution of his
assets after his death. It is a unilateral document that takes effect upon the death of a
person allowing you to make an informed decision on how your wealth, property and assets
will be distributed on your death.

Will is a legal document but there is no prescribed form of it as it can be handwritten or

typed on any document and not just the stamp paper. A Will may be revoked or altered by
the owner at any time prior to his/ her death.

Types of Will:
According to the India Succession Act, there are two types of wills, Privileged and
Unprivileged will.
Privileged Wills are those Wills which are made by soldiers who are employed in an
expedition or a war-like situation or an airman or mariner. These types of Wills do not have
many legal formalities and they can be made in writing or orally.

Unprivileged Wills are all other kinds of Wills and in the execution of these Wills, a lot of
formalities need to be carried out from verification of signatures till attestation of witnesses.
In this article, we shall mostly be discussing unprivileged wills.

Essentials of a Will:
A Will has the following essential characteristics:

The intention of the testator must be to take effect after his death
A Will is a form of the legal declaration of such intention
The declaration must involve the manner of disposal of the property
The Will can be revoked or altered during the lifetime of the testator
Who can make a Will?
As per Section 59 of the Indian Succession Act, 1925, the person making the Will must be of:
-
Age
Sound mind

Furthermore, the section states that a person ordinarily of unsound mind may make a Will
during the interval of the soundness of his/her mind. The section prohibits a person from
making a Will when in a state of intoxication or illness which makes him/her incapable of
understanding the consequences of the act.

Execution of a Will:
For starting the process of execution of the will, a Probate in India needs to be obtained
from the court. A Probate of will is a legal certification of the genuineness of the will. It can
be obtained by filing a petition before the court along with a schedule of the property and
annexing a copy of the will to the petition as well. It should be expressly prayed to the court
to grant probate to carry out the intention of the testator.
“A will needs to be drafted by taking into consideration the implications that shall follow the
beneficiaries and it is better to keep the beneficiaries informed of the same,”

“A proper method of preserving the will can be done by ensuring that it is registered as it
would give it a two-fold benefit, one of having a documentary presence and two of ensuring
the legal validity over an unregistered Will,”

Things should be included in a will:

In a will the following details are to be included:

Details of the testator- The name, age, address and other details which shall help in
identifying who is making the will and when is it being drawn.
Declaration - It is very important that the testator declares that he/she is of sound mind and
free of any coercion while drawing the will.
Details of the beneficiary - The details of who shall be benefitting out of this will and to
whom shall the assets be divided should be given as their name, age, address and relation to
the testator.
The executor of the will - It is very important to appoint an executor who would ensure that
the will is carried out according to the directions provided by the testator. The name, age,
address and relation to the testator should be specified as well.
Details of property and assets - It is pertinent to list out all the details of the assets and
properties that a testator has, and which are the ones that shall be covered in the will.
He/she can also list out any specific assets that are there.
Division of share - The share that each beneficiary has on the property or the specifics of
who shall get what is to be listed in full detail. If the asset is to be given to a minor, then a
custodian for the minor should also be listed in the will.
Specific Directions - The testator should give directions in terms of executing the Will and
should specify if there are any instructions
Witness - There should be a signature by the testator in the presence of at least 2 witnesses.
The witnesses do not need to know the details of the will they just have to verify that the
signature by the testator was done before them.
Signature - The testator should sign with the date on the will after the last statement.

Valid Will in India:

If any Will has the essentials mentioned in it along with the proper intention of the testator,
it is valid. These essentials are the presence of an intention, details of the testator, details of
the assets, details of beneficiary, details of the executor, signature of the testator and
proper verification in presence of two witnesses.

Handwritten Will legal in India:

The handwritten Wills are legal in India. However, they need to be legible and should also
follow the criterions or the essentials of a valid will.

update/ change your Will:

you can update/ change your Will. It can be done by discarding the old Will and drafting a
new Will. If the Will is filed before the Registrar then the agent appointed by the testator
can apply for amending the registered will.

Why to make a Will:

To prevent disputes amongst the legal heirs and distribute your assets as per your wishes/
choices, you should always get a Will drafted. A well-drafted Will can provide for the
distribution of assets in a specified proportion among your spouse, children, parents,
friends, and associates.

The executor of Will:

The executor of a Will is the person who will overview the entire process appoint to ensure
that the directions in the Will are carried out as per your wishes. An executor can be any
person who is not a beneficiary in the Will, or any trusted person such as a family friend, a
lawyer or a chartered accountant.

What if don’t appoint an Executor:

The court will appoint an administrator to carry out the responsibilities of the executor.

without making a Will:

Who will get my assets if I die without making a Will
Your assets will be divided and distributed according to the succession laws, which are
based on the deceased person’s religion. Click here to read about Intestate Succession.

Make a Will legal:

Ensuring the following makes a Will legal:
The Will should be written with consent and free will of the testator.
The Will should be signed by two witnesses who have seen the testator writing the Will.
Will should be registered.

When to make a Will:

You can make a Will anytime after you attain the age of 18 (Eighteen) years. However, you
should make a Will once you have married and have children, as these factors substantially
drive the contents of the Will.

drafting a Will points to consider:

Following mistakes should be avoided while drafting a Will:

Not being specific about the assets.
If there are changes in the status of assets, not making the necessary alterations in the Will.
If you are making a new Will, not making declarations to revoke previous Wills made by you.
Appointment of any interested party as executor.
Not appointing a guardian for minor children.
Is it important to register a Will, if a Will is registered, it will be a document of proof that will
be safe in the hands of the registrar as it cannot be tampered with thereafter.

change Will after registration:

As a testator (owner of the Will), you can change the Will at any time you deem fit. Once
you have changed the Will or made a new Will, all preceding Wills are canceled
automatically.

The advantages of getting a Will registered:

Registration of a Will carries the following benefits:

In case there is tampering of the original Will, it can be compared with the Will maintained
in the office of the sub-registrar.
In the event the original Will is destroyed or lost, a certified copy can be obtained from the
office of the sub-registrar.
If a Will is made regarding leasehold property, it can be used to edit entries in the mutation
register, before probate is obtained.

The assets can be covered/bequeathed under the Will:

All the movable and immovable assets including but not limited to real estate property,
fixed deposits, money in bank account(s), securities, bonds, proceedings of insurance
policies, retirement benefits, art collection, precious metals (Gold, Silver, etc.), brand
names/ trademarks and Intellectual Property Rights.

Will Witness requirement:

A witness to the Will:
Anyone who is above 18 years of age and of sound mind can be a witness of the Will. It is
generally recommended to not have beneficiary as a witness.
There need to be two signed witnesses to a Will, after which it will be considered valid even
if it is not registered.

The validity of the Will if one among the two witnesses die:
The Will will still remain valid but the heir to the Will may face problems trying to prove that
the Will was without a doubt signed by the two witnesses before the unfortunate death of
anyone of them. This is where the importance of getting a Will registered by a registrar, and
overlooked by a professional lawyer, is deemed to be a wise choice.

Important Sections in a Will:

Personal Details – You have to state your name, father’s name, residential address, Date of
Birth etc.,
Declaration of Date – It is very important to clearly mention the date of preparing your Will.
Validate Free Will – You can mention that you are not under any influence and you are not
forced to prepare this Will by any person.
Provide Executor’s Details – Executor is the person who will implement/execute your Will.
Hence, clearly mention his/her name, address, your relationship with him/her, age etc.,
Details of Assets & Beneficiaries – This is a very important section. List all immovable
properties with clear addresses. Mention the movable assets like bank deposits, insurance,
units of mutual funds etc., Mention the name of beneficiary(ies) for each asset. (For Mutual
Funds – mention the Folio no’s)
Signature – Sign the Will after mentioning the above details
Signature of Witnesses – You have to get the Will attested by minimum two witnesses.
Make sure that they mention their father’s names and addresses.
Draft Will: Below is the sample Will format:

Will Draft

I, Shri/Smt ………………….. son/daughter/wife of Shri ……………..,resident of …………………., by

religion………….., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last
Will, which I make on this …….(Date)………………… My Date of Birth is ………….

I declare that I am in good health and possess a sound mind. This Will is made by me without any
persuasion or coercion and out of my own independent decision only.

I appoint Shri………………….. Son/daughter of ……………, resident of …………. to be the executor of this

Will. In the event Shri…………… were to predecease me, then Shri……………., will be the executor of
this Will.

I bequeath the following assets to my Wife Smt……………..

1. My house located at………(address)………

2. Bank balance of my savings account no…………………..with ……………(bank name & bank address)
………
3. My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..
4. The proceeds of my Term insurance policy ….(Policy no)……, from…….(insurance company name)
………
5. The contents of bank locker no………, with bank…………, bank address……………

I bequeath the following assets to my son Shri……………

1. Residential Plot no…….., located at…………….

2. My car with registration no……….
3. My mutual fund investments with folio numbers…………………..
4. Any other asset not mentioned in this Will but of which I am the owner.

All the above assets are owned by me. No one else has rights on these properties.

Signature of Testator

Witnesses

We hereby attest that this Will has been signed by Shri………….as his last Will at ………(Place)……… in
the joint presence of himself and us. The testator is in sound mind and made this Will without any
coercion.

Signature of Witness (1) Signature of Witness (2)

.

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Q5.
Q. 5 Define "Power of Attorney" and Draft i) General power of Attorney.
Answer:

Power of Attorney:
A power of attorney (POA) is a legal document that allows an individual to give authorities
to another individual to act on their behalf. In India, registering a power of attorney is not
mandatory. In legal terms, the person assigning the authorities is referred to as the
‘principal’ and the person given the authority is the ‘agent’ or the ‘attorney-in-fact’.
Depending on the types and terms of the POA, the agent can have either extensive legal
authorities or very exclusive legal authorities.

Power of Attorney How it Work:

A power of attorney is created when the principal is, for any reason, unable to act on their
own behalf for the said property. The authorities being delegated could be relating to
finances, property matters, tax payments, other legal procedures, etc. Usually, a Power of
Attorney comes into effect as soon as it is signed by the principal. In other situations, it may
be the case that the principal specifies a future event that will determine when and how the
Power of Attorneys comes into effect.

Power of Attorneys in India is governed by the Powers of Attorney Act, 1882. Theoretically, a
broad POA would grant all powers to the agent that the principal has. The agent can be
given authority to:

 Execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.
 Manage, compromise, settle, and adjust all matters pertaining to real estate.
 Lease, collect rents, grant, bargain, sell, or borrow and mortgage.
 Sell any and all shares of stocks, bonds, or other securities.
 File, sign all tax returns, insurance forms and any other documents.
 Enter into contacts, and to perform any contract, agreement, writing, or thing to
make, sign, execute, and deliver, acknowledge any contract, agreement.
 Make health-care decisions for the donor or his minor children.
 Sue on behalf of the principal.
Although the agent may have the authority to perform all acts listed here, not all Power of
Attorneys are created for this purpose. Depending on the needs of the agent, there are
several different types of Power of Attorneys that may be used for the said property type.
Types of Power of Attorney:
1. General Power of Attorney
As the name suggests, this form of power of attorney covers a very broad spectrum of
authority given to the agent. This means that the principal gives the agent to fully act on
behalf of him or her in the required matters such as finance, taxation, property
management, etc. A general POA is very commonly used for buying and selling properties. It
is useful in the situation where the buyer or the seller is out of town or country and needs
an agent to act on behalf of them for the said property.

2. Special Power of Attorney

Also known as a limited power of attorney, this type of POA is used when the authority
given to the agent needs to be only in a specified area or on a specific transaction. Once the
purpose of the POA has been fulfilled, it immediately comes to an end as the agent no
longer has the authorities to act on the principal’s behalf.

3. Durable Power of Attorney

Normally, a power of attorney comes to an end when its purpose has been fulfilled, or when
the principal dies. However, it may be required for the agent to continue acting on behalf of
the principal even after the event of their death. In order to ensure that the agents continue
to perform their duties on behalf of the principal even after the death of the latter, it must
be mentioned in the agreement.

4. Medical Power of Attorney

Finally, another commonly used type of power of attorney is the medical power of attorney.
This falls in the category of a durable power of attorney. Typically, when a medical POA is
signed, it does not immediately come into effect but rather only becomes valid after the
principal is no longer of sound or conscious mind.

Now that you know the different types of POAs used in different situations, it is important to
understand and evaluate the risks of powers of attorney before you make a finalized
decision on the said property or assets.

Risks of Power of Attorney

Deciding who your agent should be is a very critical decision as it must be an individual who
is trustworthy and reliable. It is a wise decision to include in your POA agreement that the
agent is required to regularly report to a third party such as a trusted accountant or an
attorney. Especially in the case of general Power of Attorneys, it would be wise to take
adequate precautions to avoid any complications.

Additionally, you should also make sure to check with all institutions that your agent will be
interacting with on behalf of you. This is to ensure that no problems arise and also because
some banks and financial institutions may have their own requirements to be satisfied
before an agent can interact with them on behalf of you.

Misinformed decisions, lack of attention to detail, and negligence can lead to the benefits
being overpowered by the risks. However, overall, a POA is a document that serves the
purpose of simplifying legal proceedings for the principal and if drafted correctly and
carefully is a powerful tool.

Not only are powers of attorney relieving to have but in case the principal becomes
incapacitated, they are very necessary to protect their legal interests for the said property.

Register a Power of Attorney:

In India, it is not compulsory to register a power of attorney. However, if a POA is in respect
of immovable property of more than ₹100 in value, it is required that it must be registered.
Additionally, in order for it to be legally valid, a POA must be authenticated by a sub-
registrar or it must be notarized by the notary especially wherein case power to sell land is
granted to the agent. It is always recommended to register a power of attorney to improve
its authenticity. It is a basic rule that a POA should be rigidly constructed to avoid any
loopholes. Furthermore, here are a few components that should always be included in a
POA:

Components of a POA

 Full name of the principal

 Full name of the agent(s)
 Full name of two witnesses
 Age and address of the principal and the agent along with valid proof
 Duration of the POA (if applicable)
 Specifications about the extent of authority given to the agent
Under section 48 of schedule 1 of the Indian Stamp Act, 1899, stamp duty must be paid on
the power of attorney. Depending on the requirements of each state, these charges are paid
either by the principal or the agent.

Validate a Power of Attorney:

In order to validate a power of attorney by registering it in India the first step is to draft the
POA and then submitting it at the sub-registrar’s office along with the following documents:

 Identification proof of the principal and the agent (Aadhar Card, Voter ID, Driver’s
License, etc.)
 Address proof of the principal and the agent
 Passport-sized photographs of the principal and the agent
 In case of a property related POA, electricity bill or tax receipt of the property
 After the documents have been submitted, the POA can be approved by the sub-
registrar once it has been attested by two witnesses.

Power of Attorney for NRIs:

A power of attorney can be used by a non-resident Indian for the sale or purchase of
property, managing finances, and investments, etc while abroad. To validate a POA for NRIs
it must be executed on a stamp paper according to the regulations of the country it is
executed in. Additionally, the signature of the person making the POA must be
authenticated by the Indian Embassy in the country.
For NRIs, specifically in property matters, it is mandatory to get the POA registered.

Revocation/cancellation of Power of Attorney:

There are a number of situations where the relationship of principal–agent between the
attorney holder and the donor/principal has come to an end and there is no explicit law
governing the same. Moreover Section 3 of The Power-Of Attorney Act 1882 also does not
define that how a power of attorney can be revoked or cancelled. But it doesn't mean we
have no any law, principles or provisions to remove such chaotic situation. There are many
provisions which have been drawn from the Indian Contract Act, 1872 and number of courts
in India have interpreted general principles of law and applied to the situation of POA.

POINTS TO BE NOTED FOR POWER OF ATTORNEY

1. POA must be on a stamp paper of Rs.500/- (Preferably purchased in Maharashtra)
2. Powers to sign Leave & License Document shall be clearly mentioned in the POA
3. Description of the property for which the powers are given shall be given in the POA
4. POA must be signed in front of Notary or Embassy Officer.
5. Thumb impression along with signature is necessary.
6. POA must be either registered or Notarised

General Power of Attorney – Draft:

7. To deal with Govt. departments and other local bodies for the purpose of any essential facilities or
General
amenities required to be provided in the Power
building. of Attorney
He can sign all papers and documents etc. for this
purpose.
TO ALL TO WHOM THESE PRESENTS SHALL COME
8. To pay all the taxes, Municipal levies and other taxes, which may be, required to be paid.

Know all men

9. To file by these presents
any objections thatdepartments
with Govt. I ……………… s/o ……………..
or other local aged
body …….
of Government for any purpose
related with said property.
yrs r/o …………………………………., state as follows :-
10.To furnish
Whereas I am the details unable
personally of Licensee to concerned
to attend Police Station,
to the managerial to getaffairs
and other No Objection
with from the local
Police by appearing personally as and when required or called by the Police of concerned jurisdiction.
respect to my property ……………(Description of property)……………., so
11.To pay maintenance charges to society and attend society meetings.
I, hereby nominate and appoint Shri/Smt……………..………………
12.To engage as
R/o……………… anymy Advocate
true andorlawful
Attorney for the
Attorney to purpose andonormy
act for and to appear for and represent our in all
behalf and
the courts, civil, criminal or revenue including labour tribunals, original, revisional or appellate, in any
Iregistration
authorize and empower
offices, himto
and also topresent
do the following
appeals inacts,
any deeds
court, and things
also toon my services of all
accept
summons, notices and other processes of law.
behalf:-
13.AND
1. To rentGENERALLY TO DO ALLproperty
the aforementioned other acts, deedsand
by leave andlicense
things,agreement.
which my said attorneys may deem fit and
proper for the maintenance, upkeep of my property.
2. To purchase the stamp, make, sign, execute and admit the execution of leave and license agreement
14.This
and powerbefore
to appear of attorney is without
the sub registrarany
forconsideration.
the registration of the leave and license agreement of the
aforesaid property.
Provided that the said attorney shall not sell or transfer the ownership of the property to any person.
Provided
3. further
To demand, that the
collect the rent
said due
attorney shall
on the keep true accounts
aforementioned of all activities performed by virtue of
property.
this power of attorney.
4. To manage and control my aforesaid property including collection of monthly rents, from the
licensees and issuance of proper stamped receipts AND
acknowledging the rent received.

I hereby
5. To makeagree and undertake
applications, to confirm
affidavits, and ratify
documents all the
etc., to andGovt.
whatsoever my saidand any other concerned
Departments
attorney shall do or purport to do by the virtue of this power of attorney.
authorities, required for the managing of the aforesaid property and to do all other acts, deeds and
things in respect thereof.
IN WITNESS WHERE OF this deed is signed by me at ________on this
______day
6. of_______
To effect and carry out necessary repairs, additions, etc., in the said property as and when may be
desired, and for this purpose obtain all the necessary permissions and/or sanctions, necessary from any
1. EXECUTANT
appropriate authority.
Name & Signature –

2. ATTORNEY HOLDER
“I hereby accept all the powers.”

Name & Signature -

WITNESSES:
1. …………………
.
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Q6.
Q. 6 Write about kinds of Power of Attorney. Draft Special Power of Attorney to sell a
particular Property.
Answer:

Power of Attorney:
A power of attorney (POA) is a legal document that allows an individual to give authorities
to another individual to act on their behalf. In India, registering a power of attorney is not
mandatory. In legal terms, the person assigning the authorities is referred to as the
‘principal’ and the person given the authority is the ‘agent’ or the ‘attorney-in-fact’.
Depending on the types and terms of the POA, the agent can have either extensive legal
authorities or very exclusive legal authorities

Power of Attorneys in India is governed by the Powers of Attorney Act, 1882. Theoretically, a
broad POA would grant all powers to the agent that the principal has. The agent can be
given authority to:

 Execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.
 Manage, compromise, settle, and adjust all matters pertaining to real estate.
 Lease, collect rents, grant, bargain, sell, or borrow and mortgage.
 Sell any and all shares of stocks, bonds, or other securities.
 File, sign all tax returns, insurance forms and any other documents.
 Enter into contacts, and to perform any contract, agreement, writing, or thing to
make, sign, execute, and deliver, acknowledge any contract, agreement.
 Make health-care decisions for the donor or his minor children.
 Sue on behalf of the principal.
Although the agent may have the authority to perform all acts listed here, not all Power of
Attorneys are created for this purpose. Depending on the needs of the agent, there are
several different types of Power of Attorneys that may be used for the said property type.

Types of Power of Attorney:

1. General Power of Attorney
As the name suggests, this form of power of attorney covers a very broad spectrum of
authority given to the agent. This means that the principal gives the agent to fully act on
behalf of him or her in the required matters such as finance, taxation, property
management, etc. A general POA is very commonly used for buying and selling properties. It
is useful in the situation where the buyer or the seller is out of town or country and needs
an agent to act on behalf of them for the said property.

2. Special Power of Attorney:

Also known as a limited power of attorney, this type of POA is used when the authority
given to the agent needs to be only in a specified area or on a specific transaction. Once the
purpose of the POA has been fulfilled, it immediately comes to an end as the agent no
longer has the authorities to act on the principal’s behalf.

3. Durable Power of Attorney

Normally, a power of attorney comes to an end when its purpose has been fulfilled, or when
the principal dies. However, it may be required for the agent to continue acting on behalf of
the principal even after the event of their death. In order to ensure that the agents continue
to perform their duties on behalf of the principal even after the death of the latter, it must
be mentioned in the agreement.

4. Medical Power of Attorney

Finally, another commonly used type of power of attorney is the medical power of attorney.
This falls in the category of a durable power of attorney. Typically, when a medical POA is
signed, it does not immediately come into effect but rather only becomes valid after the
principal is no longer of sound or conscious mind.

Now that you know the different types of POAs used in different situations, it is important to
understand and evaluate the risks of powers of attorney before you make a finalized
decision on the said property or assets.

Special Power of Attorney:

A special power of attorney is a legal document outlining the scope of authority given to an
agent, known as “an attorney in fact,” by the principal. Under the special power of attorney,
an agent is given the powers to act on behalf of the principal to make specific legal or
financial decisions. It is also referred to as Limited Powers of Attorney (LPA) and is used as
evidence of the principal’s authority to the third person with whom the principal may be
dealing with.
  A special power of attorney is a legal binding agreement between the principal and
an agent, manifesting the former’s roles and responsibilities.
 Under the special power of attorney, the principal selects an agent based on
capabilities, skill, and reputation.
 The principal must be clear on the special power of attorney contract because an
agent is limited to act within the agreement’s provision.

Special Power of Attorney how it Works:

A power of attorney is a collection of powers enumerated in one instrument that permits a
principal to act through a third party, under contractual capacity, in executing legal or
financial decisions. It is a form of an agreement that not only evidences an agent’s
appointment but also sets out the nature and extent of an agent’s authority.

For example, an agent may be appointed to execute a contract for the sale of a property as
well as perform the act conveying its title to the third party. A special power of attorney is
often carried out if the principal, for various reasons, is unable to execute the decisions
independently. The principal can opt to create more than one special power attorney,
delegating duties to different agents in each instrument.

An agent’s roles and responsibilities are limited to specific circumstances. It is the implied
and expressed provisions of the contract between the two parties that determine the duties
of the agent. The agent is subject to various responsibilities other than the contractual
duties, depending on the extent of the agreement.

An Agent’s Duties to the Principal

The contractual duties of an agent to the principal are determined by the express and
implied provisions of any agreement between the two. Since an agent may also be liable for
additional duties, the principal selects an agent based on skills, ability, and integrity.

In addition, other than being authorized and empowered to enter into binding contracts
with other third parties on the principal’s behalf, the agent is also placed in possession of
money and other properties. To this end, the agent may injure the principal, either through
dishonesty or negligence.

Accordingly, as a fiduciary duty, an agent owes the principal the duties of diligence, duty to
inform, good conduct, duties of obedience, good conduct, and loyalty. Breaching these
duties or exceeding the provided authority means that an agent is eventually liable for any
losses caused to the principal.

On the other hand, an agent acting within the authority given to him by the principal is not
liable for the harm caused by the third party. In relation to this, the principal may also
permit the agent to appoint a sub-agent substitute to give a hand in the duties bound by the
contract.

Points and requirements to consider while drafting Special Power of Attorney:

When drafting a special power of attorney, both the principal and the agent must have their
credentials filled. The preparers of the document must specifically outline the authorized
acts of transactions and the specified timelines.
In case the special power of attorney is signed in a foreign country, it must be notarized by
appearing before the notary public to ascertain that the document was signed under no due
influence or coercion.
The principal is also required to present a competent proof of identification that bears
his/her signature and photograph. Copies of the document are all signed, with witnesses
also appending their signatures.

Special Considerations:
The agent’s incapacity to bind himself by contract does not disqualify him from making a
binding contract because the agent is considered to act on behalf of the principal. For this
reason, any individual or entity able to act, including corporations, partnerships, or
associations, can be an agent.

Difference between General Power of Attorney and Specific Power of Attorney

S. No.  General Power of Attorney Specific Power of Attorney
The tasks carried out by the agent are The tasks carried out by the agent are
1
limitless and broad. specific.
The authority conferred to the agent The power is ineffective once the task
2. 
is not limited to a specific task.  has been completed by the agent.
It can still be effective on the death of It comes to an end once the principal is
3
the principal. incapacitated or dead.
SPECIAL POWER OF ATTORNEY FOR A COURT CASE:

SPECIAL POWER OF ATTORNEY FOR A COURT CASE

BY THIS POWER OF ATTORNEY I, ................. son of ....................

residing at ....................................... plaintiff in civil suit No. .................. of

............................... hereinafter referred to as the said suit, pending in the

court of the .......... hereby nominate, constitute and appoint Shri ..................

son of Shri .................. resident of ................... as my attorney for me, in my

name and on my behalf to do or execute all or any of the following acts or

things in connection with the said suit:

1. To represent me before the said court or in any other, where the said suit is transferred in connection
with the said suit.

2. To engage or appoint any solicitor, counsel, advocate, pleader or lawyer to conduct the said suit.

3. To prosecute the said suit and proceedings, to sign and verify all plaints, pleadings, applications,
petitions or documents before the court and to deposit, withdraw and receive document and any
money or moneys from the court or from the defendant either in execution of the decree or otherwise
and sign and deliver proper receipts for me and discharges for the same.

4. To apply for inspection and inspect documents and records, to obtain copies of documents and
papers.

5. To compromise the suit in such manner as the said attorney shall think fit.

6. To do generally all other acts and things for the conduct of the said suit as I could have done the same
if I were personally present.

And I hereby for myself, my heirs, executors, administrators and legal representatives, ratify and
confirm and agree to ratify and confirm whatsoever our said attorney shall do or purport to do by virtue
of these presents.

IN WITNESS WHEREOF, I the said .............. has hereunto set and subscribed my hand this ................ day
of ................... 2000.

Signed and delivered by the within named

WITNESSES;
1.

2.

Identified by me
Advocate
SPECIAL POWER OF ATTORNEY: - TO EXECUTE THE SALE DEED AND PRESENT IT FOR
REGISTRATION

SPECIAL POWER OF ATTORNEY TO EXECUTE THE SALE DEED AND PRESENT IT FOR REGISTRATION

KNOW ALL MEN BY THESE PRESENTS that I, __________, S/o ______, R/o __________, send
GREETINGS

WHEREAS presently I am residing at ______ and I intend to sell my property at _____(details

regarding location, measurement etc. of the property)

AND WHEREAS it is not convenient for me to visit _____ time and again for the formalities related
with the sale.

I, do hereby nominate, constitute and appoint CD, S/o ______, R/o __________, to be my true and
lawful attorney for me and in my name on my behalf to do or cause to be done all or any of the
following acts, deeds, matters and things that is to say:

1. To negotiate, sell and execute the sale deed and necessary forms and papers relating to the
execution of the sale of the property more fully described above.

2. To declare the value of the above property before the Sub-Registrar for purposes of registration
of the sale deed.

3. To appear before the Sub-Registrar of district and to present for registration the deed, to admit
the execution thereof to do any act that may be necessary for the registration of the said document
and to receive it back when it has been duly registered and to sign and deliver a proper receipt for
the same.

AND I hereby agree that all acts, deeds and things lawfully done by my said attorney shall be
construed as acts, deeds and things done by me and I undertake to ratify and confirm all and
whatsoever that my said attorney shall lawfully do or cause to be done for me by virtue of the
power hereby given.

IN WITNESS WHERE OF, I have signed this deed on this day of ____________.

Signed and delivered by the above named

WITNESS:

1.

2.
.
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