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Assignment No..23 General Power of Attorney

This document discusses power of attorney, which allows one person to act as an agent for another. It defines power of attorney under Indian law and outlines the types of authority an agent can be granted. A general power of attorney gives broad authority while a limited one restricts it. The document also summarizes Indian case law around power of attorney and the conditions for revoking an agency. Finally, it includes a sample power of attorney document appointing an agent to manage a principal's residential property.

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Ahmad Ammar
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547 views3 pages

Assignment No..23 General Power of Attorney

This document discusses power of attorney, which allows one person to act as an agent for another. It defines power of attorney under Indian law and outlines the types of authority an agent can be granted. A general power of attorney gives broad authority while a limited one restricts it. The document also summarizes Indian case law around power of attorney and the conditions for revoking an agency. Finally, it includes a sample power of attorney document appointing an agent to manage a principal's residential property.

Uploaded by

Ahmad Ammar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION

A power of attorney is a legal document giving one person the power to act for another
person. The agent can have broad legal authority or limited authority to make legal decisions
about the principal's property, finances or medical care. The power of attorney is frequently
used in the event of a principal's illness or disability, or when the principal can't be present to
sign necessary legal documents for financial transactions.

Section 1A in The Power of Attorney Act, 1882, defines Power of Attorney as it includes any
instrumentals empowering a specified person to act for and in the name of the person
executing it

A general power of attorney acts on behalf of the principal in any and all matters, as allowed
by the state. The agent under a general power of attorney agreement may be authorized to
take care of issues such as handling bank accounts, signing checks, selling property, etc..

The law relating to Power of Attorney was well elaborated by the Supreme Court in the case
of Tmt. Kasthuri Radhakrishnan & ors. v. M. Chinniyan & anr. (2016), wherein the Apex
Court stated that the law relating to power of attorney is governed by the provisions of
the Power of Attorney Act, 1982. It is well settled therein that an agent acting under a power
of attorney always acts, as a general rule, in the name of his principal. Any document
executed or thing done by an agent on the strength of power of attorney is as effective as if
executed or done in the name of principal, i.e., by the principal himself. An agent, therefore,
always acts on behalf of the principal and exercises only those powers, which are given to
him in the power of attorney by the principal.

The Law pertaining to revocation of Power of Attorney can be found under Section 201 of
Indian Contract Act. The said provision provides for termination of agency. According to this
provision an agency can be terminated under the following circumstances:

1. By Principal revoking his authority


2. By the agent renouncing his business of agency
3. When business of agency is completed
4. If either the Principal or Agent dies or becomes of unsound mind
5. Principal becomes insolvent
POWER OF ATTORNEY

KNOW ALL MEN BY THIS INSTRUMENT that I, Mr. Ahmad Ammar, S/o Mr. Shakeel
Ahmad, R/o 30- Teachers Hostel, Jamia Millia Islamia New Delhi 110025, do hereby appoint
Mr. Noor-ul-Islam, S/o Mr. Rafiq Islam, R/o B-2 Malvya Nagar New Delhi as my true and
lawful General Attorney to do and to execute in my name and on my behalf all or any of the
following acts with respect to my residential property mentioned above, namely:

1. To manage and control my aforesaid property and collect monthly rents, from the
tenants and issue proper receipts in acknowledgement.
2. To make applications, affidavits, documents, etc to the concerned authorities for any
purpose required for managing the aforesaid property.
3. To effect and carry out necessary repairs, replacement, renovations, etc required in the
said property as and when may be required and desired for his purpose to obtain all
the necessary permission and or sanction if necessary from any appropriate authority.
4. To deal with electricity/MCD/DDA and other local bodies for the purpose of securing
any essential facilities or amenities if it is required in the house
5. To pay all taxes, Municipal levies and other taxes which may be required to be paid.
6. That in case of the tenants default in the payment of monthly rent the attorney in their
absolute discretion take such action as may be expected or necessary for that purpose
7. To file or initiate any legal proceeding for the recovery of arrears of rent and/or seek
eviction of any or all the tenants and for the purpose to engage any counsel or
advocate and/or to prepare and sign pleadings, applications, to swear affidavits and to
file execution proceedings, to withdraw or compound or compromise any proceedings
to take decision as may be fit and proper in the discretion of my attorney.

AND GENERAL TO DO ALL other acts, deeds and things as attorney shall deem expedient
for the proper maintenance of the above mentioned and proper discharge of duties of said
attorney.

AND I hereby agree that acts, deeds and things done by me undertake, ratify and confirm to
be done by my attorney as if I was present.

IN WITNESS WHERE OF, I set my hands in presence of witnesses on this Deed signed by
me at New Delhi on this 06.05.2020 (Sixth day of May, two thousand and twenty).
WITNESS 1
Signature
Sd/-
Mohammad Alam
S/o Badre Alam
R/o of N-57 Khan Market
New Delhi-110003.
EXECUTIVE
WITNESS 2 (SIGNATURE)
Signature
Sd/- Sd/-
Tanzeel Ahmad
S/o Sameer Ahmad
R/o F-18 Block A
Jasola Vihar, New Delhi-110025

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