Power of Attorney: Less understanding, more Misunderstanding.

Power of Attorney : Power of Attorney (POA), which is called Kulmukhtyarpatra in Marathi and in some places Vatmukhtyarpatra,

It is a very important document used in daily business. But people have strange misconceptions about this list.

We have seen that in many cases, a power of attorney has been given to the parents by the senior officer to the junior officers under him for the affairs of the children when they go abroad.

Power of Attorney: The Power of Attorney Act 1882 and the Contract Act 1872 contain provisions about power of attorney.

A power of attorney is defined in the Act of 1882 as a letter of authority given to another person to do certain things on your behalf.

However, all the provisions related to the rights, duties, and rights of the giver and receiver of a power of attorney are found in Sections 182 to 238 of the Contract Act.

According to this law, the person who gives the power of attorney is called the "principal," and the person who writes the power of attorney is called the "agent.".

Broadly Power of Attorney : There are two types of power of attorney: general and specific. A specific power of attorney is given to perform a specific task.

So many things are given to be done on our behalf, e.g., A power of attorney written by children to their parents while going abroad is called a general power of attorney.

This topic is huge and a bit complicated, so let's go through the important provisions briefly.

Any person who is knowledgeable in law and not mentally unstable can give and receive a Power of Attorney.

There can be more than one person prescribing and taking; this is called a joint power of attorney. Having the signatures of two witnesses on the power of attorney can be useful in practice.

Power of Attorney: In the power of attorney, the agent can do only the work that he is authorised to do.

In short, the agent cannot draw meaning beyond the words, as much as the agent is expected to do the work as told.

This is what the law calls 'strict interpretation'. E.g., the son may have given power of attorney to the father to do bank transactions, pay property taxes, light bills, etc. in his name.

But if the authority to enter into an agreement to rent a place is not given, the father cannot sign such an agreement on behalf of the child.

Power of Attorney: The terms and conditions should be carefully written while making the Power of Attorney.

The acts performed by the agent as a Power of Attorney holder, the acts and their effects are binding on the 'Principal',

In short, the 'Principal' himself is considered to have done those works. However, if the agent cheats someone on his own or commits illegal acts, his responsibility does not fall on the principal.

An agent is expected to act for the good of the 'principal' and not for his own benefit.

Power of Attorney: Power of Attorney and Registration and Stamp Duty:

A registered power of attorney is required for buying and selling land or transferring ownership rights to land.

In other cases, e.g., bank transactions, etc., notarized also works. Schedule 48 of the Maharashtra Stamp Act provides provisions regarding stamp duty for different categories.

Currently, for any squad, the minimum Rs. 500 stamp duty is levied. Without any compensation

or to sell or otherwise transfer the premises shown if the 'principal' thereof

Mother, father, brother, sister, spouse, own son or daughter, grandchild, or mother, father, brother, or sister of the spouse

If power of attorney is given to any of these, he will only get Rs. 500 if stamp duty is applicable.

A power of attorney made by a lawyer abroad can be used here after following the procedure prescribed here.

Agent is non-delegable: This means that the power of attorney holder, i.e., the agent, cannot transfer his powers to anyone else.

That is, Power of Attorney cannot be given back on his behalf; otherwise, if 'A' has given power of attorney to 'B', then 'B' cannot give the same power to 'C' again; this is called sub-delegation.

Which is not intended by the law. In Marathi, there is a saying, 'Chakrala, Pad-CChakar'.

Power of Attorney: Power of Attorney and Court:

Power of attorney is widely used in court cases. A power of attorney is given to file a claim, to file a reply, or to testify.

However, the judgement holds that the agent can testify in court on behalf of the principal only in cases of which the agent has personal knowledge.

Hon. The Supreme Court has given in the case of Janki Vasudev Bhojwani v. Indus Ind Bank. (AIR 2005 SC 439)

Power of Attorney: When is the power of attorney revoked?

If either the principal or the agent dies or one of the two becomes insolvent or becomes mentally unsound, then the power of attorney is revoked.

Similarly, a specific period or Power of Attorney has been given for the work, and after the expiration of such a period or work, the power of attorney is cancelled.

The principal and the agent can revoke the power of attorney by mutual consent. Also, the agent can cancel the power of attorney by informing the principal.

There are many disputes in court about whether a power of attorney can be revoked or not.

Sometimes Power of Attorney: Power of Attorney is written as "Irrevocable Power of Attorney" or "Never Revocable Power of Attorney.".

But there is no provision in the law that cannot be voided; that is, certain things need to be fulfilled.

If the agent has acquired some right (interest) due to the power of attorney, then the power of attorney cannot be revoked, and it is necessary to prove in court whether the right has been obtained or not.

Similarly, before revoking the power of attorney, public notice or notice through a lawyer is the method.

But when the power of attorney is registered, it may be disputed whether such a document is revoked by mere notice.

Because it is a law that any registered deed can be cancelled only by mutual consent or by court order,.

Power of Attorney: Power of Attorney and Ownership Rights:

Many people have this misconception that writing a power of attorney also prescribes ownership of the property, but this is not the case.

A power of attorney issued to purchase land and a power of attorney issued to the purchaser instead of a deed are two entirely different things.

In the area of Delhi, Uttar Pradesh, Haryana, this type of 'Cell-Power of Attorney' was very strong in the past. What it means is that while selling the land, the land owner has to take full payment from the buyer.

But without properly purchasing fertiliser, he used to write a power of attorney. But this does not change the ownership rights, and there were many mistakes in this.

After all, Hon. The Supreme Court, in its judgements in 'Suraj Lamp Industry v. State of Haryana' in 2009 and 2011, made it clear that only

On the basis of such a power of attorney, the purchaser of the premises does not acquire ownership rights in the premises.

It is seen in daily practice that only a registered purchase deed acquires ownership rights on the premises.

This Power of Attorney document is very important and useful, but it is like a double-edged sword.

Mutual trust is the foundation of any transaction, which also applies to this document.

However, it would be useful to consult an expert lawyer while preparing a document like a power of attorney. Cutting, copying, and pasting from the Internet can be expensive.

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