Upgrad LLM

power of attorney


Validity of Power of Attorney is being questioned in the court of law. I am representing as Power of Attorney for one NRI. The document has been notarized without following the due procedure. The attorney holder & witnesses have not signed the document in the presence of the Notary. The advocate obtained the Notary's signature in the POA before obtaining the signature of the Witnesses and the Power of Attorney holder. So, the Notary register does not bear the signature of the executant. It reflects the signature of the advocate who took the document for Notary signature. Now, I would like to know the legal sanctitty of the said document. The Notary has been examined & he admitted that the executant was not present.

 
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1. The POA is invalid.

2. If executant admits its execution, and he is ready to give effect to his intention stated in the POA , he should execute fresh deed.


Total likes : 1 times

 
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Advocate

Mr Thripati U r right the POA is not  properly  executed

 
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Advocate

i too agree with Mr. Tripathi

 
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