Power of Attorney

Power of attorney:-

It generally means a document by which one or more person delegates his or their power to one or more person to act for his or their name.

Sec,2 (21) of stamp act,1882:- “power-of-attorney” includes any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it.

Persons eligible to donate power-

i. Person having age of majority,

ii. Person having sound mind,

iii. And person is not disqualified by any law to which he is subject.

Exception:-

Sec,5 of powers of attorney act-1882- A married woman, whether a minor or not, shall, by virtue of this Act, have power, as if she were unmarried and of full age, 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.

Types of power-

i. Power of attorney,

ii. Specific power of attorney.

Mode of execution-

Sec,85 of 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, Bangladesh Consul or Vice-Consul, or representative of the Government, was so executed and authenticated.

Registration of power-

Generally power of attorney need not be registered but in case of immovable property it needs to be registered.

Revocation of power of attorney-

i. If the parties die,

ii. If the parties become insolvent,

iii. If the parties become unsound mind,

iv. If the action is being done by the parties.

Contents of a power-

i. Name of the Court/ notary public,

ii. Identification of donor,

iii. Identification of donee,

iv. Description of powers,

v. Testatum,

vi....