Uma
asked
1
0
Answer Now
Comment
Report
1
Answers
Important Note – Preparing for CA Final?
CAKART provides Indias top faculty each subject video classes and lectures – online & in Pen Drive/ DVD – at very cost effective rates. Get video classes from CAKART.in. Quality is much better than local tuition, so results are much better.
Watch Sample Video Now by clicking on the link(s) below –
For any questions Request A Call Back
lochan
answered
**AUTHENTICATION OF POWER OF ATTORNEY**
A power of attorney need not be attested. However, it would be advisable to execute the power of attorney
before and have it authenticated by a Notary Public or any Court Judge/Magistrate, Indian Consul or Vice-
Consul or representatives of the Central Government. If a power of attorney is so authenticated courts shall
presume the execution of the power of attorney (Section 85 of the Indian Evidence Act, 1872). Under Section 85
of the Indian Evidence Act, 1872, 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,
Indian Consul or Vice-Consul or representative of the Central Government, was so executed and authenticated.
Under Section 57(6) and (7) of that Act, the seals of Notary Public are taken judicial notice of.
Under Section 32(c) of the Indian Registration Act, 1908, a power of attorney can be granted to an agent to
present a document for registration; but, under Section 33(1) of that Act, only certain powers of attorney are
recognised. But if a power of attorney gives authority to present documents for registration under Section 32 of
the Registration Act, 1908 it must be executed before and authenticated by the Registrar or Sub-Registrar within
whose District or Sub-District the principal resides or where the Registration Act is not in force, before any
Magistrate or if it is executed outside India, before a Notary Public, or any Court, Judge, Magistrate, Indian
Consul or Vice-Consul or representative of the Central Government (Section 33 of the Registration Act, 1908).
But a power of attorney empowering an agent to execute a deed conveying the property in an immovable
property and get the deed registered thereby perfecting the transaction of conveyance, need not be executed
before the Officer appointed to authenticate and register documents in as much as when the agent executes the
document in the name of the principal, he is the executant thereof and as such can himself present the document
for registration.
Thanks
