Registeration and jurisdiction of a general power of attorney
jaivijay
(Querist) 24 September 2011
This query is : Resolved
Kindly provide me the jurisdiction and the process for registeration of a general power of attorney. Whether the holder of the power of attorney can be the witness himself? and can the power of attorney be executed with the registering authority where the executioner is not a resident?
Shailesh Kr. Shah
(Expert) 24 September 2011
no, power of attroney holder should not be witness.
Execution and registration of poa shall be, where the principal resides.
prabhakar singh
(Expert) 24 September 2011
The Powers Of Attorney Act, 1882(Act No. 7 of 1882)a short Act of only 6 sections reproduced below............................
An Act to amend the law relating to Powers-of-Attorney
For the purpose of amending the law relating to powers of attorney; It is hereby enacted as follows: -
1A. Definition.
3[1A. Definition.
In this Act, "Powers-of-Attorney" include any instrument empowering a specified person to act for and in the name of the person executing it.]
1. Subs. by A.L.O. 1950.
2. Subs by Act 3 of l951.
3. Ins. by Act 55 of 1982.
2. Execution under power-of-attorney.
The donee of a power-of-attorney may, if he thinks fit, execute or do any 1[XXX] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every 1[XXX] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.
This Section applies to power-of-attorney created by instruments executed either before or after this Act comes into force.
Certain words omitted by Act No. 55 of 1982.
3. Payment by attorney under power without notice of death, etc., good.
Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become 1[xxx] of unsound mind, 1[XXX] or insolvent, or had revoked the power, if the fact of death 1[xxx] unsoundness of mind 1[xxx] insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same.
But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him.
This section applies only to payments and acts made or done after this Act comes into force.
Certain words omitted by Act No. 55 of 1982.
4. Deposit of original instruments creating powers-of-attorney.
(a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court 1[or District Court] within the local limits of whose jurisdiction the instrument may be.
(b) A separate file of instruments so deposited shall be kept and any person may search that file, and inspect every instrument so deposited, and a certified copy thereof shall be delivered out to him on request.
(c) A copy of an instrument so deposited may be represented at the office and may be stamped or marked as a certified copy, and when so stamped or marked, shall become and be a certified copy.
(d) A certified copy of an instrument so deposited shall, without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court 1[or District Court].
(e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the 2[State Government], the fees to be taken under clauses (a), (b), and (c).
(f) [Repealed by Act No. VI of 1900].
(g) This section applies to instruments creating power-of-attorney executed either before or after this Act comes into force.
1. Ins by Act No. 55 of 1982.
2. Subs by the A.L.O. 1950.
5. Power-of-attorney of married women.
A married woman, of full age, shall, by virtue of this Act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of-attorney shall apply thereto.
This section applies only to instruments executed after this Act comes into force.
6. Repealed
Repealed by Act NO. XII of 1891.
If POA CONFERS RIGHT TO SALE IT IS DESIRABLE TO GET IT REGISTERED AT PLACE THE
PROPERTY IN RESPECT OF WHICH IT IS MADE IS SITUATE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2011
The main question is where it is to be registered. Preferably at the place of residence of Principal or donee.
Than as per section 4 of POA act present the copy of POA with an affdivit before the concerned District court which will keep its register and record.
Thereafter copies certified by the District court will be treated as evidence in any matter.
