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TRUSTMAN
is
an organisation of professional based at Delhi, India of high caliber and qualified professionals to provide multi disciplinary
services at one place to all businesses/ individuals and firm is
capable of addressing and resolving several business and legal
issues. A law firm based at Delhi, India with a
difference.
Law Firm in India
Central Acts of India prepared by Law Firm in India
77.
THE POWERS-OF-ATTORNEY ACT, 1882
ACT No. 7 OF 1882
An Act to amend the law relating to Powers-of-Attorney.
[24th February, 1882.]
For the purpose of amending the law relating to Powers-of-
Attorney; It is hereby enacted as follows:-
INDIA CODE, VOL-IIIA.
1.
Short title.
1. Short title.-This Act may be called the Powers-of-Attorney Act,
1882.
Local extent. It applies to the whole of India 1*[except the State
of Jammu and Kashmir] ;
Commencement. and it shall come into force on the first day of
May, 1882.
2*[1A. Definition. In this Act, "power-of-attorney" include any
instrument empowering a specified person to act for and in the name of
the person executing it."
2.
Execution under power-of-attorney.
2. Execution under power-of-attorney.-The donee of a power-of-
attorney may, if he thinks fit, execute or do any3*** instrument or
thing in and with his own name and signature and his own seal, where
sealing is required, by the authority of the donor of the power; and
every3*** 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 powers-of-attorney created by instruments
executed either before or after this Act comes into force.
3.
Payment by attorney under power, without notice of death, etc., good.
3.Payment by attorney under power, without notice of death, etc.,
good.-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 4* of unsound mind, 4***or inso-
vent, or had revoked the power, if the fact of death 4* unsound-
ness of mind4*** of 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.
4.
Deposit of original instruments creating powers-of-attorney.
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 suffi-
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for except Part B
States
The Act shall come into force in the state of Sikkim on 1-9-1984, vide
Notifn. No. s.o. 650(E),dt. 24-8-1984, Gaz. of India, pt.II Exty.
Sec.3 (ii).
Extended to and brought into force in Dadra and Nagar Havali (w.e.f.
1-7-1965) by Reg. 6 of 1963, s.2 & Sch.I.
Extended to the Union territory of Pondicherry by Act 26 of 1968, s.3
and Schedule.
Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f.
1-10-1967): vide Reg.8 of 1967: vide Reg. 8 of 1965, s. 3 & Sch.
2. Ins. by Act 55 of 1982, s. 2.
3. Omitted by s. 3, ibid.
4. Omitted by s. 4, ibid.
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78
cient evidence, may, with the affidavit or declaration, if any, be
deposited in the High Court within [or District Court ]1* 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 presented 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. [or District
Court]1*
(e) The High Court may, from time to time, make rules for the
purposes of this section, and prescribing, with the concurrence of the
State Government, the fees to be taken under clauses (a), (b) and (c).
2* * * * *.
(g)This section applies to instruments creating powers-of-
attorney executed either before or after this Act comes into force.
5.
Power-of-attorney of married women.
3*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 force.
6.
Act 28 of 1866, s. 39, repealed.
6.[Act 28 of 1866, s. 39, repealed.] Rep. by the Amending Act,
1891 (12 of 1891).
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1 Ins. by Act 55 of 1982, s. 5.
2 Cl. (f) was rep. by Act 6 of 1900, s. 48 and Sch. II.
3 Subs. by s.6, ibid.
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-
TRUSTMAN
is
an organisation of professional based at Delhi, India of high caliber and qualified professionals to provide multi disciplinary
services at one place to all businesses/ individuals and firm is
capable of addressing and resolving several business and legal
issues. A law firm based at Delhi, India with a
difference.
Law Firm in India