The Powers Of Attorney Act, 1882
The Powers Of Attorney Act, 1882
(Act No. 7 of 1882)
[24th, Feb. 1882]
An Act to amend the law relating to Powers-of-Attorney. For the purpose of amending the law relating to powers of attorney; It is hereby enacted as follows: -
1 A. Definition.
In this Act, "Powers-of-Attorney" include any instrument empowering a
specified person to act for and in the name of the person executing it.]
- Subs. by A.L.O. 1950
- Subs by Act 3 of l951.
- Ins. by Act 55 of 1982.
2. Execution under power-of-attorney.
The donee of a power-of-attorney may, if he thinks fit, execute or do any 1[XXX] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every 1[XXX] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.
This Section applies to power-of-attorney created by instruments executed either before or after this Act comes into force.
1) Certain words omitted by Act No. 55 of 1982.
3. Payment by attorney under power without notice of death, etc.,
Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by
reason that, before the payment or act, the donor of the power had died or become 1[xxx] of unsound mind, 1[XXX] or insolvent, or had revoked the power, if the fact of death 1[xxx] unsoundness of mind 1[xxx] insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same.
But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him.
This section applies only to payments and acts made or done after this Act comes into force.
Certain words omitted by Act No. 55 of 1982.
4. Deposit of original instruments creating powers-of-attorney.
(a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court 1 [or District Court] within the local limits of whose jurisdiction the instrument may be.
(b) A separate file of instruments so deposited shall be kept and any person may search that file, and inspect every instrument so deposited, and a certified copy thereof shall be delivered out to him on request.
(c) A copy of an instrument so deposited may be represented at the office and
may be stamped or marked as a certified copy, and when so stamped or marked, shall become and be a certified copy.
(d) A certified copy of an instrument so deposited shall, without further proof
be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court 1 [or District Court].
(e) The High Court may, from time to time, make rules for the purposes of this
section, and prescribing, with the concurrence of the 2 [State Government], the fees to be taken under clauses (a), (b), and (c).
(f) [Repealed by Act No. VI of 1900].
(g) This section applies to instruments creating power-of-attorney executed
either before or after this Act comes into force.
1. Ins by Act No. 55 of 1982.
2. Subs by the A.L.O. 1950.
5. Power-of-attorney of married women.
A married woman, of full age, shall, by virtue of this Act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of-attorney shall apply thereto.
This section applies only to instruments executed after this Act comes into
Repealed by Act NO. XII of 1891.
Definition & Model Document of Power of Attorney
SPECIAL POWER OF ATTORNEY
- Download: SPECIAL POWER OF ATTORNEY
- Format: Doc
- Size: 47 KB
POWER OF ATTORNEY SAMPLE
- Download: Sample of POWER OF ATTORNEY
- Format: Doc
- Size: 23 KB
Termination of the Power of Attorney
The operation of the power of attorney may be terminated in a variety of ways as mentioned below.
(a) If the instruments is expressed to be operative only for fixed period termination by effluxion of time.
(b) If the instrument is given for the express purpose of carrying out specified transaction, termination by completion of such transactions.
(c) Revocation by express and formal act on the part of the donor.
(d) Where such a change occurs as to the principal that he can no longer act for himself the agent whom he has appointed can no longer act for him including revocation by the death, lunacy or insolvency of the donor.
(e) Implied revocation.
(f) Death of one of the parties to a join power.
(g) Renunciation by, or disability of the attorney.
Some of the above kinds of termination are subject to the protection granted by section 3 of The Power of Attorney Act 1882