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Consult and Get Legal Advice from Power of Attorney Expert Lawyers in Mumbai

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Power of Attorney
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
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

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Real Estate
  • Property
  • Human Rights
  • Juvenile
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile

Adv. S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Documentation
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

Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PORPERTY, BANKING,CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile

Ashish Dongre

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Adoption
  • Maternity
  • Media, Communication, Entertainment
  • Police Laws
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

Ramalingaiah Mulakatte

Senior Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Arbitration and Mediation
  • Consumer Protection
  • Civil
  • Cheque Bounce
Advocate/Senior legal adviser/Legal Counsel handling all types of legal matters both litigation and non-litigation and corporate legal adviser View Full Profile

Mohammed Faiz Shaikh

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Power of Attorney
  • Criminal
  • Documentation
  • Landlord And Tenant
  • Licensing
Specialised in criminal matters and legal advice. View Full Profile

ANSUL BHUTA

ADVOCATE
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Commercial
  • Cheque Bounce
  • Arbitration and Mediation
  • Bankruptcy and Debt
I am an Advocate practicing since 2 years in Civil Law. My specialities include Recovery Matters, DRT Matters, 138 Matters, Arbitrations, Family Disputes, NCLT, Corporate Affairs Testamentary, Documentations, etc. I am associated with Bhuta & Associates, Law Firm Mumbai. View Full Profile

Mayank Agarwal

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Commercial
  • Tax-Property Tax
  • Tax
  • Corporate And Incorporation
I am a Mayank Agarwal. I am a Lawyer at Take Our Opinion. Take Our Opinion offers legal help and advice online for almost any legal matters. We also provide commercial and personal advice. Contact us for legal consultation at 022 22066649 OR +91- 9555763955. Visit us at http://takeouropinion.com View Full Profile

RUSHIL MUKESH AIYA

Proprietor
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Banking
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Media, Communication, Entertainment
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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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