Who Can Grant Power of Attorney According to Indian Case Laws?

Question from MRD, Who Can Grant Power of Attorney According to Indian Case Laws?

Answer from AI:

In India, the Power of Attorney Act, 1882, governs the concept of Power of Attorney (POA). According to this Act, any person who is competent to contract can grant a POA. This generally means any person who is of sound mind, not a minor, and not disqualified from contracting by any law to which he is subject.

Key Case Laws

There are several Indian case laws that provide further clarity on who can grant a POA:

1. Suraj Lamp & Industries Pvt. Ltd. vs State of Haryana: This landmark case by the Supreme Court of India clarified that a POA cannot be used to transfer immovable property. The court held that a POA holder cannot execute a deed of conveyance in his own name unless he is the owner of the property or expressly authorized by the owner.
2. Manohar Lal vs Vinesh Anand: In this case, the Supreme Court held that a POA can be given to carry out all necessary acts on behalf of the grantor, but the POA holder must act within the scope of authority granted to him.

When to Seek Legal Advice

While the general rule is that any person competent to contract can grant a POA, there may be specific circumstances or complexities that require legal advice. For instance, if the person granting the POA is of advanced age or has health issues, it may be prudent to consult with a legal professional to ensure the POA is valid and legally enforceable.

Resources

For more information on the Power of Attorney Act, 1882, you can visit the Indian Kanoon website. For specific case laws, you can use the search function on the Indian Case Laws website.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for personalized advice.