Legal validity of power of attorney
Dipak
(Querist) 03 October 2015
This query is : Resolved
A Power of Attorney document has been executed by the petitioner (principal) before a notary public in India, authorising his father to act on his behalf for family court proceeding of contested divorce matter.
In the document of power of attorney, the notary public has mentioned that,” In witness where of, I the undersigned have set and subscribed my hands on this __ day of __(month) ,__(year).” In the document of power of attorney, the Notary public has signed, affixed the appropriate notary stamp and endorsed that,” SINGED BEFORE ME” on ____ (date/month/year),
The POA document has not been attested by (other) two witnesses.
The POA document has not been authenticated by Registrar or sub-registrar. It has not been authenticated by any magistrate. The POA document has not been presented for any registration.
Que: Does this activity of Notary public on power of attorney document called as 'Authentication'? Does this power of attorney valid according to Section 85 of the Indian Evidence Act? How?
SAINATH DEVALLA
(Expert) 04 October 2015
Notarised POA is not valid in the court of law unless it is registered.Its the discretion of the court even to accept the registered POA.
Rajendra K Goyal
(Expert) 04 October 2015
Show the documents to local lawyer and discuss. All power of attorney need not be registered.
dev kapoor
(Expert) 04 October 2015
Hi,
Any POA, if it is not for purposes of transfer of Immovable property,is not a ' compulsorily registrable document' and its validity cannot be minimized even it is attested by a notary public regarding matters other than alienation of property.As in ur case this is Special Power of Attorney for contesting case under HMA,it is not to be compulsorily registerable.A power of attorney for SALE ETC has to be registered before a Sub Registrar and has to be AUTHENTICATED.
In case of above kind of POA (ur case), it may not be necessarily signed by two witnesses but in order to avoid 'whims of discretion'of a Judge/court,it is suggested POA must be duly executed and signed by at least two witnesses, no matter it is attested by a Notary Public.
Anirudh
(Expert) 04 October 2015
Dear Mr. Dipak,
In order that power of attorney could be validated those can be either (i) registered under the provisions of the Registration Act, 1908 or (ii) got notarised by Notaries appointed under the provisions of the Notaries Aft, 1952. Therefore it is not correct to say that "Notarised POA is not valid in the court of law unless it is registered".
The Power of Attorney described by you is fully valid and satisfies every ingredient of Sec. 85 of the Indian Evidence Act, having been authenticated by the Notary.
Please note that Sec. 87 of the Indian Evidence Act does not prescribe any particular form of authentication by the Notary Public. Therefore, an attestation by the Notary to the effect "subscribed and sworn before me"is a valid authentication.
Guest
(Expert) 04 October 2015
To be very Simple Any Notary Attestations Should Carry 1) Notary Signature 2)Notary expiry date 3) Notary address date and Seal.More Over It is Not Mandatory the Documents Submitted to the Court should be attested by Notary Unless and Otherwise they Submit Xerox Copies which are to be Certified. Expert Mr.dev Kapoor had replied Excellently and Precisely.
Dr J C Vashista
(Expert) 04 October 2015
I fully agree with expert Mr. Anirudh, the POA granted is valid and admissible in evidence.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
The POA deed referred to herein above is very much valid and admissible and the agent may file a petition under order 3 Rule 2 CPC in addition to filing the POA deed before court.
Dipak
(Querist) 10 October 2015
Thank u very much all experts for detail and appropriate reply.
