Khan Aisha 29 November 2022

is registered power of attorney before registrar is admissible under section 85 of evidence act

is registered power of attorney before sub registrar is admissible under section 85 of evidence act

Quick Summary

This discussion explores the admissibility of a registered Power of Attorney (PoA) under Section 85 of the Indian Evidence Act. Section 85 states that courts shall presume documents purporting to be a PoA, executed and authenticated by specific officials like a Notary Public or Magistrate, are valid. The specific case questions whether a PoA executed by a mother in favour of her son, registered before a Sub-Registrar with two witnesses and explained by an advocate, meets these criteria for admissibility in a civil suit.

4 Replies

P. Venu (Advocate) 29 November 2022

What are the facts? What is the context?

Dr J C Vashista (Advocate) 30 November 2022

Presumuption of holding valid PoA will be taken by the Court

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 November 2022

section 85 is clearly revealed that 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, 1[Indian] Consul or Vice-Consul, or representative 2[***] of the 3[Central Government], was so executed and authenticated.

Khan Aisha 01 December 2022

is power of attorney registered before sub registrar executed by mother in favour of her son with two witnesses and identified and explained by advocate is admissible under section 85 of evidence act in civil suit