General
A Power of Attorney [PoA] is governed by the Powers of Attorney Act 1882, Indian Contract Act 1872 and Indian Registration Act 1908.
There is a specific distinction between an Agent and a PoA holder. An Agent is not empowered to use the name of the principal whereas the Attorney can use the principal’s name in the transaction entered into by him.
A PoA issued in regard to a single transaction is known as a Special PoA.
An Attorney who is appointed as agent to do a certain thing and if there is no express term for termination of agency, then it can’t be terminated.
A PoA issued for registration of documents must be registered before the Registrar of the district where the Principal resides. A PoA issued out of India must be executed before a Notary Public, Magistrate or Indian Consul.
A PoA ceases on the death of either party. Where 2 Attorneys are appointed to act Jointly and one of them dies the survivor can’t act alone
A minor can’t issue Power of Attorney [POA] as a minor does not have legal rights to execute a document. A minor can execute a document only through his guardian
A Power of Attorney [PoA] is governed by the Powers of Attorney Act 1882, Indian Contract Act 1872 and Indian Registration Act 1908.
There is a specific distinction between an Agent and a PoA holder. An Agent is not empowered to use the name of the principal whereas the Attorney can use the principal’s name in the transaction entered into by him.
A PoA issued in regard to a single transaction is known as a Special PoA.
An Attorney who is appointed as agent to do a certain thing and if there is no express term for termination of agency, then it can’t be terminated.
A PoA issued for registration of documents must be registered before the Registrar of the district where the Principal resides. A PoA issued out of India must be executed before a Notary Public, Magistrate or Indian Consul.
A PoA ceases on the death of either party. Where 2 Attorneys are appointed to act Jointly and one of them dies the survivor can’t act alone
A minor can’t issue Power of Attorney [POA] as a minor does not have legal rights to execute a document. A minor can execute a document only through his guardian
Duration:
A General Power of Attorney [POA], unless expressly or impliedly limited for a particular period continues in force until revoked or determined by death of either party.
A Special POA to do an act is determined when the act is done.
Termination:
- A POA may be terminated -
- by the Donor by revoking the attorneys authority, or
- by the attorney renouncing his authority. or
- after the activity is completed.
- by the death of either party or
- by the donor is declared as insolvent.
- Termination of authority to the agent terminates the authority of all the sub-agents.
A POA can not be revoked without the express consent of the attorney Where the attorney has an interest in the subject matter of the POA. Where the authority is given to the attorney by deed or for a valuable consideration or a security or for securing the interest of the attorney the POA is irrevocable during the subsistence of such security or interest.
When a POA can not be Revoked.
- The POA can not be revoked after the agent has partly used the power vested in him.
- Where there is an express or implied contract that the agency should be continued for a period of time. in case of revocation the Principal has to pay compensation for early revocation.
- POA can not be revoked without giving notice.
Revocation should be made known to the agent. The revocation does not take effect till the same is notified by the principal to the Agent.
POA ineffective
A suit filed by a POA holder on behalf of the principal is considered as nullity where the principal is dead at the time of filing the suit.
POA issued Jointly.
Death of one of the joint principals will not revoke the POA.
Authority
The power of attorney once utilised would not terminate or cease in relation to future acts which are only consequential to the previous acts already done.
An Advocate can not act simultaneously in processional capacity and also as an agent of the principal.
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