Discuss the provisions relating to authentication of Power of Attorney.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2023
Discuss the provisions relating to authentication of Power of Attorney.
Answer & Explanation:
Answer 3(b) A power of attorney need not be attested. However, it would be advisable to execute the power of attorney before and have it authenticated by a Notary Public or any Court Judge/Magistrate, Indian Consul or Vice-Consul or representatives of the Central Government. According to Section 85 of the Indian Evidence Act, 1872, if a power of attorney is so authenticated, the courts shall presume execution of the power of attorney. Under Section 85 of the Indian Evidence Act, 1872, the Court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of the Central Government, was so executed and authenticated. Under Section 57(6) of the Indian Evidence Act, 1872, the seals of Notary Public are taken judicial notice of. Further, according to section 33 of the Registration Act, 1908, if a power of attorney gives authority to present documents for registration under Section 32 of the Registration Act, 1908, it must be executed before and authenticated by the Registrar or Sub-Registrar within whose District or Sub-District the principal resides or where the Registration Act is not in force, before any Magistrate, or if it is executed outside India, before a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of the Central Government.
Topics: Drafting of Deeds and Documents
Related Questions in this Topic
- Draft a Family Settlement Deed. Assume facts, if required.
- Distinguish between the following: Signature and Attestation Clause.
- Explain the important aspects of Drafting the resolutions.
- Draft a specimen agreement on behalf of a firm M/s XYZ, to hypothecate goods to secure fixed loan from ABC Bank. Assume ...
- Draft a Notice to dissolve Partnership by mutual agreement between the partners. Assume facts.