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Power of Attorney — Meaning

June 26, 2021

Power of Attorney:—

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him. It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee, Suraj Lamp & Industries (P) Ltd. (2) v. State of Haryana(2012) 1 SCC 656

A formal instrument by which one person empowers another to represent him or act in his stead for certain purposes [Jowitt’s Dictionary of English Law (1959)]. The term power of attorney is usually applied to a formal grant of power to act made by deed or contained in a deed relating also to other matters, Gregory v. Turner, 2003 1 WLR 1149: (2003) 2 All ER 1114. 

In Stroud’s Judicial Dictionary, power of attorney is described as “an authority whereby one is set in the turne, stead or place of another to act for him”, T.C. Mathai v. Distt. & Sessions Judge, Thiruvananthapuram(1999) 3 SCC 614: 1999 SCC (Cri) 455. 

Power of Attorney included 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, according to Section 2(21), Stamp Act, 1899 . A writing authorising another person, who, in such case, is called the attorney of the person appointing him, to do any lawful act in the stead of another: as to give seisin of lands, receive debts or sue a third person, etc. It is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed; sometimes it is revocable, sometimes not. If it is an authority coupled with an interest; e.g., if the attorney is authorized to collect debts and pay thereout a debt due to himself, it is irrevocable. But revocable letters of attorney may be dissolved either by acts of the parties or operation of law. 

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