Power Of Attorney Executed Abroad Must Be Registered to Sell Property In India

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The Kerala High Court, in Inspector General of Registration and Anr. v. Muhammed and Connected Matter (2022), has held that a power of attorney (PoA) executed by a person residing abroad in favour of a person in India relating to an immovable property, must be compulsorily registered under Section 17(1)(g) of the Registration Act, 1908, before using it to sell the property in India.

A Multi-Page POA Signed Only on the Last Page Provides Partial, Not Full, Validity

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Where a power of attorney is not signed on its first two pages, those pages remain unauthenticated by the principal and cannot, by themselves, be treated as a validly executed part of the power of attorney. The third page, being duly signed, is valid only if it independently confers the requisite authority upon the agent, without relying on the content of the unsigned pages.

Power of Attorney Holder Cannot Depose for the Principal for Acts done by the Principal.

Posted inPower of Attorney
In Janki Vashdeo Bhojwani and Another v. Indusind Bank Ltd. and Others [AIR 2005 SC 439], the Supreme Court held that a Power of Attorney holder cannot depose for the principal in respect of acts done by the principal and not by him. He cannot depose in respect of matters of which the principal alone has personal knowledge, and in respect of which the principal is entitled to be cross-examined.

Power of Attorney Holder’s Role in Family Court Cases

Posted inFamily, Marriage & Divorce, Power of Attorney
An individual involved in a Family Court matter may authorise another person to act as their agent through a Power of Attorney (POA). This instrument empowers the designated agent, or 'holder', to represent the principal's interests and perform specified acts. The legal framework governing this representation is robust, though subject to certain judicial safeguards and inherent limitations, particularly within the sensitive context of family law.

Power of Attorney Holder cannot Depose for Principal

Posted inPower of Attorney
A Power of Attorney Holder cannot depose for principal in respect of matters of which only principal can have personal knowledge and in respect of which the principal is liable to be cross-examined, says the Supreme Court (SC) in Janki Vashdeo Bhojwani & Anr. v Indusind Bank Ltd. & Ors [AIR 2005 SC 439]. The SC reaffirms the above dictum in Rajesh Kumar v Anand Kumar [2024 INSC 426].

Holder of Power of Attorney can file Cheque Case

Posted inNegotiable Instruments Act, Power of Attorney
The power of attorney holder is competent to file a complaint under Section 138 of the NI Act, even if knowledge is not stated in the complaint but is affirmed in the affidavit, says the High Court of Kerala (KCK) in G.  Komalan, S/o.  Late Gangadharan v Thomas Alexander, S/o.  Eapen Thomas, (Represented by His Power Of Attorney Holder Sanil Thomas, S/o.  Thomas) [2024 KER 95315].

Power of Attorney & Its legal Provisions

Posted inPower of Attorney, Property & Succession
A Power of Attorney (PoA) is a legal instrument signed or executed by a person who, by this instrument, empowers another person to act for or perform something on his behalf. The person gives authority is called as the donor or principal, the person so authorised is called donee or agent. The legal authority given by the principal to the agent may be broad or limited. The agent can legally do what he is specifically authorised to do by the instrument in clear terms. The power of attorney should be clear and understandable. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons.