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Consult Top Power of Attorney Expert Lawyer in India

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
  • Power of Attorney
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
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anil reddy s

proproitor
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Adoption
  • Advertising
  • Bankruptcy And Debt
  • Power of Attorney
Total Answers Given : 14
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Bharat Majmundar

Advocate
Exp
Vadodara , Gujarat

Specialization

  • Civil
  • Industrial Laws
  • Family
  • Criminal
  • Power of Attorney
• Pleading on the platforms including Civil Suits, Labour Laws, Motor Accident Claims, Consumer Protection Claim, Accident, Cheque Return cases under The Negotiable Instruments Act, Divorce, Documentation, Family Court Cases, Gift Deed, Industrial Laws, Medical Legal Cases, Land related matters et View Full Profile
Total Answers Given : 1
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Adv. S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Administrative Law
  • Consumer Protection
  • Commercial
  • Contracts And Agreements
  • Power of Attorney
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bomaby High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throuout and out of the Maharastra for last 4 Years. View Full Profile

Shweta Prabhu Singh

Advocate
Exp
Patna , Bihar

Specialization

  • Family
  • Child Custody
  • Administrative Law
  • Adoption
  • Power of Attorney
My services are of High quality, cost effective and expeditious.I provide all types of offshore legal solutions ranging from high-end to low-end including the following: Legal Research Drafting, review and contract management Litigation Support Case management Family Law Civil Law etc. View Full Profile

Ambrose Leo

Adv.Ambrose Leo Associates & Legal Consultants
Exp
Bangalore , Karnataka

Specialization

  • Employment and Labour
  • Will
  • Government Contracts
  • Immigration
  • Power of Attorney
I have 45 years studies & 48 years total experience including 10 years in private sector 8 years Govt. of Karnataka, 30 years in Govt. of Maharashtra. 8 years as independent Advocate High court Bangalore, Mumbai & Nagpur in All Labour & Employment and Service Matters,,Family Court, NI, Prop .Ar. C View Full Profile
Total Answers Given : 1057
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Shanti Ranjan Behera

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Criminal
  • Adoption
  • Child Custody
  • Election Campaign And Political Laws
  • Power of Attorney
In Practice since last 20+ years. I can handle Civil,Criminal,Election ,Family Law,Human Rights,International Law,MACT,Right to Information ,Railway Claims Tribunal, Banking & Negotiable Instruments, PIL, etc.in the High Court as well as in district Courts in Odisha and other neighbouring states. View Full Profile
Total Answers Given : 974
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Rameshwar Dadhe

As a advocate
Exp
Aurangabad , Maharashtra

Specialization

  • Cheque Bounce
  • Civil
  • Child Custody
  • Commercial
  • Power of Attorney
I always ready to fight for justice View Full Profile
Total Answers Given : 829
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ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Financial Markets And Services
  • Intellectual Property, Copyright, Patent, Trademark
  • Landlord And Tenant
  • Power of Attorney
Corporate & commercial attorney specialized in Intellectual Property law, M&A Analyst, Finance and Financial Valuation Analyst, etc. View Full Profile
Total Answers Given : 768
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Ashish Dongre

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Adoption
  • Maternity
  • Media, Communication, Entertainment
  • Police Laws
  • Power of Attorney
11 Years of qualitative experience in legal field, Represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, or manage or advise clients on legal transactions, Specialization in Family law, divorce proceeding ,Property Matters etc.. View Full Profile
Total Answers Given : 327
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  • What is Power of Attorney?
  • What is the necessity of Power of Attorney?
  • Who can make Power of Attorney?
  • Is registration necessary for Power of Attorney?
  • How Can Power of Attorney be Revoked?

The governing law in this matter is the ‘Power of Attorney Act, 1882’, along with Section 2(21) of the Indian Stamp Act, 1899 as per which Power of Attorney is inclusive of any instrument sanctioning a definite person for acting for & in the name of the person executing it. It is applicable to the whole of India except the State of Jammu and Kashmir.

What is Power of Attorney?


A Power of Attorney refers to an instrument authorizing a person as the agent of attorney of the person granting it. Being a lawyer is not an essential ingredient for holding the power of attorney, and it can be held by any trusted person.

What are the Laws Applicable to Power of Attorney?


The governing law in this matter is the ‘Power of Attorney Act, 1882’, along with Section 2(21) of the Indian Stamp Act, 1899 as per which Power of Attorney is inclusive of any instrument sanctioning a definite person for acting for & in the name of the person executing it. It is applicable to the whole of India except the State of Jammu and Kashmir.

What are the Exclusive Features of Power of Attorney?


  • There are three types of Power of Attorney-
    • General Power of Attorney, which sanctions an agent to take certain general decisions in relation to the subject matter. The scope of powers in such a document has a very wide ambit
    • Special Power of Attorney, refers to an agent being selected by the principal for certain specific acts which are duly mentioned in the document itself. There is lesser scope for misuse & abuse of powers here as the specific powers and scope for decision-making is specified. A person may opt for the option of issuing multiple Special Power of Attorney’s instead of opting for making a General Power of Attorney.
    • Durable Power of Attorney, refers to a special type of arrangement, wherein, the Power of Attorney continues even after the principal reaches a state of mental incapacitation.
  • >A Power of Attorney cannot be used to override a specific provision of a statute which requires that a particular act should be done by a party in person.

    It was observed in the case of ‘ T.C. Mathai v. District and Sessions Judge’that When the Code requires appearance of an accused in a Court it is no compliance with it if power of attorney holder appears for him.
  • The holder of the Power of Attorney can enjoy various legal powers such as; the power of execution of the contracts/deeds and so on, the power of leasing/mortgaging and so on, to file a legal complaint on behalf of the principal by way of suing, the power of filing tax returns, etc.
  • A Power of Attorney can be executed by anyone and the holder can also be anyone, who has the competency of entering into a contract. A Power of Attorney is a legal and binding document, which should be notarized and subsequently authenticated by the registrar/sub-registrar of assurances in accordance with the policies of the ‘Registration Act, 1908’, however the registration of a Power of Attorney isn’t compulsory except in situations wherein an interest regarding an immovable property is created.
  • Non Resident Indian Principals have the option of getting their Power of Attorney attested in the presence of two witnesses at the Indian Embassy of the relevant country

How can Power of Attorney can be revoked?


  • By Acts of Principal, principal revoking it, or him becoming insolvent or of unsound mind
  • When there is a Breach of Contract, the case of Svenska Handelsbanken v. Indian Charge Chrome Ltd. observed that in instance of a Specific Power of Attorney holder acting involving powers which are of the nature of General Power of Attorney then he would have committed a breach of contract.
  • The case of ‘Govindkoss Krishna Koss v. Gopesjhwar lalaji Maharaj’ observed that a power of attorney can be revocable on grounds of gross mismanagement on the holder of Power of Attorney’s part.

What is the Status of Power of Attorney Holder?


Holder of a Power of Attorney is basically an agent, which has been spoken of in Section 182 of the Indian Contract Act, 1872.

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