Power of attorney
Tanaaz shaik
(Querist) 29 November 2014
This query is : Resolved
Dear Sir,
my uncle had given me General Power of Attorney, which was duly notarised by the Notary advocate. but there was no witnesses signature in the POA. my query is if there is no witnesses signature in a POA is that valid under law? could you please advise under which section or law? thanks a lot.
Shailesh Kr. Shah
(Expert) 29 November 2014
power of attorney shall be contained at least two witness.
your poa is not valid.
Dr J C Vashista
(Expert) 29 November 2014
Join a coaching centre or law college to know the section and law.
You have choosen a wrong platform for your academic query.
ABDUL RAZIQUE
(Expert) 29 November 2014
Kindly consult bar library
Satya nand aggarwal
(Expert) 30 November 2014
Nobody has quoted the section or the law under which provision there must be two witnesses to the pOA. Rather the a poa is perse admissible under section 85 of the Indian Evidence act. It is upto the satisfaction of he Notary or the attesting authority to identify the executant and there can be be only one witness. Two witneses is required only in the will. This is with due respect to all.
I think it is not academic query and the querist just want to know if he has done so, is it possible to take the benefit of that POA of not.
Would you Please continue the query as it is not resolved yet?
ABDUL RAZIQUE
(Expert) 30 November 2014
Author want to know that without signature of witness the POA is valid or not while my respected expert Satya nand aggarwal quoted that no body gave answer of author and put the sec 85 of IE act in reference of that answer.
Aas per my knowledge “Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary. A court will presume that every document purporting to be a power of attorney, that has been executed before and authenticated by a notary public or any court, is properly executed and is a conclusive proof. Each page of a document notarised should bear the official stamp of the notary disclosing his registration number and jurisdiction , and also his signature. Appropriate notary stamp has to be affixed.” This sec not describe about the presentation of witness, so kindly see and justify yourself that your answer is right or wrong.
Signature of witness is one of the essential elements of a valid power of attorney if no one who are unrelated to the principal and each other, and who are not named as the attorney-in-fact, must witness you sign the power of attorney.
Guest
(Expert) 30 November 2014
Any Document If it is going to be Registered Certainly it would require Two Witnesses Irrelevant to Attestation by Notary Public.In case of Un Registered documents even if it is Notarised the Presence of Two witnesses would have More Strength Legally.How many Notaries are ready to Present them Selves in Court after attesting the Documents.So Witnesses are very Important.
Satya nand aggarwal
(Expert) 30 November 2014
Putting a marginal Witness on the POA is not the requirement of the law in Power of attorney if executed in India. Once it is attested by the Notary with the witness or without the witness it does not make any difference. It is valid document . We are not concerned with the strength , here we are concerned with the law point.If any Notary knows the executant he can attest it without any witness
If anybody say it is not valid as not attested by the two witness Please quote the law where it is so mentioned.
I would like to clarify it i not a challenge to any of you because you may be more experienced and more intelligent and knowledgeable than me and I respect you all. I have learned a lot from all of you and look forward to learn from u.
Guest
(Expert) 30 November 2014
As far as Me ,I am Concerned only with replying Adequately to my Level Best only to the Author/Querist.Persons who wishes to Exhibit their Superiority by Posing them Selves with Simplicity could do so with out expecting any reply from Me.
Satya nand aggarwal
(Expert) 30 November 2014
Mr Raj Kumar
I did not mean it ,If u felt it then I am sorry. that is all.I can never attempt to hurt any body or can show my superiority as no body in legal field is perfect. If any body says he is perfect he is most foolish in this field.
Shailesh Kr. Shah
(Expert) 01 December 2014
Dear All learned experts,
i would like to draw your kind attention on section 3 of the transfer of property act.
which defined 'attested'.
"in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has been the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary"
Shailesh Kr. Shah
(Expert) 01 December 2014
There are some case laws on two witness:-
AIR 1951 S.C.477
ILR 32 CAL 729
1986 ALL L J 1499
AIR 1973 66
Shailesh Kr. Shah
(Expert) 01 December 2014
There are some case laws on two witness:-
AIR 1951 S.C.477
ILR 32 CAL 729
1986 ALL L J 1499
AIR 1973 66
Satya nand aggarwal
(Expert) 02 December 2014
Mr Shah
you have done a hard work on this point I will go through the same. May God bless u.
Tanaaz shaik
(Querist) 02 December 2014
Thanks very much for your valuable time and efforts. have a great week ahead.
@ Dear Barman Sir,
Every individual person have legal issues pertaining to their self or any family members. so if you have done great job by creating this website for the benefit of public at large, than why you feel there is an academic query? isn't this forum to get some legal tips by you experts? thanks.
ABDUL RAZIQUE
(Expert) 02 December 2014
I appreciate Mr. Shah to show right path of other experts and also author.
T. Kalaiselvan, Advocate 
(Expert) 03 December 2014
Appreciable efforts by expert Mr. Shah to throw light on the uncertainties of the reply to the author's query by giving a concrete reply. Hope Mr. Satyanand Aggarwal is convinced (?).
@Author, your query has been properly answered by experts, please avoid passing on comments on experts, especially your comments on expert Mr. Barman are unnecessary and avoidable. Please be contended with the discussions and proper clarification by experts to your query.
Shailesh Kr. Shah
(Expert) 04 December 2014
Thanks for appreciation to mr.tanaaz shaik and learned expert mr. abdul razique, and learned expert t. kalaiselvan
