Power of Attorney

Querist : Anonymous (Querist) 20 February 2010 This query is : Resolved
Can a person delegating his rights for transfer of shares to somewone can also exercise the same on his own during the subsitenece of Power of Attorney

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Guest (Expert) 20 February 2010
One of the important aspects of the law relating to the power of attorney is that whatever act a person can do of his own, he can also get them done through another. Conversely, an act which cannot be not be done by a person himself can also not be done validly through another person. In K. Gopalakrishnan Vs. Karunakaran, II (2007) BC 327, it was held that a PA holder has the authority to act on behalf of the principal and the act done by him in exercise of that authority are protected, even if done in his own name. An agent is bound to exercise his authority according to the lawful instructions of the principal, but is not to be subject to the direct control or supervision of the principal.

Y V Vishweshwar Rao (Expert) 20 February 2010
with prior intinmation to Power of Attorney and after confirming that proerty is not transferred , he can transfer the proerty

Kumar Thadhani (Expert) 08 March 2010
POA act as only as agent on behalf of the principal.Agent is bound to act lawfully as when instructed by his principal under his direct superintendence and control.

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