He cannot use the power of attorney for his own benefit. The donee in exercise of his power under such power of attorney only acts in place of the donor subject of course to the powers granted to him by reason thereof. Except in cases where power of attorney is coupled with interest, it is revocable. A power of attorney, we have noticed hereinbefore, is executed by the donor so as to enable the donee to act on his behalf. A power of attorney is, as is well known, a document of convenience.Įxecution of a power of attorney in terms of the provisions of the Contract Act as also the Powers-of-Attorney Act is valid.
The agent derives a right to use his name and all acts, deeds and things done by him and subject to the limitations contained in the said deed, the same shall be read as if done by the donor. A deed of power of attorney is executed by the principal in favour of the agent.
#Conveyance of real property power of attorney series
By reason of a deed of power of attorney, an agent is formally appointed to act for the principal in one transaction or a series of transactions or to manage the affairs of the principal generally conferring necessary authority upon another person. Basant Nehata – 2005 (12) SCC 77, Court held:Ī grant of power of attorney is essentially governed by Chapter X of the Contract Act. Even an irrevocable attorney does not have the effect of transferring title to the grantee. It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see section 1A and section 2 of the Powers of Attorney Act, 1882). It attracts Stamp Duty and in certain cases if property is transferred by virtue of POA, than Stamp Duty is attracted as on Deed of Conveyance.Ī power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. It means that definition is inclusive and any document which empowers to act on behalf of executor is POA. Definition.-In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it. The term POA is defined in the Power of Attorney Act,1882 and it says Definition.-In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it.ġA. Let us understand what id Power of Attorney ( POA) ?
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