Execution under powers of attorney.—Section 2 of the down that "The donee of a power of attorney may, if he thinks fit any instrument or do any thing in and with his own name and 8 and his own seal, where sealing is required, by the authority of of the power; and every instrument and thing so executed and q be as effectual in law as if it has been executed or done by of the power in the name, and with the signature and seal, of thereof.” This section relates to the mode of execution of the instrume the matter of power of attorney. Payment by attorney under power, without notice of death, etc. good.—Section 3 of the Act provides that "Any person making or doing any payment or act in good faith, in pursuance of a power of attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or became of unsound mind, or insolvent, or had revoked the power, if the fact of death, unsoundness of mind, insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same." Act lays » Xecute ignature, he donor ‘one, shal] the donee the donor nt in Section 3 applies in a case where the power of attorney holder made any payment or done any act unknown of the fact that the executant of power of attorney had either died or became of unsound mind or insolvent before such payment or act done. In such an eventuality, the power of attorney holder shall not be held liable in respect of the payment made or act done. This section applies only to payments and acts made or done after this Act comes into force. Deposit of original instruments creating powers of attorney.—Under Section 4 of the Act, it is provided that— "(a) An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court or District Court within the local limits of whose jurisdiction the instruments may be. (b) A separate file of instruments so deposited shall be kept, and any person may search that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request. (c) A copy of an instrument so deposited may be presented. at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy: (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court or District Court. (e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing with the concurrence of a State Government, the fees to be taken under clauses (a), (b) an‘ — SeC G) Repealed. ) This section applies to instru ( ted eith: ments ' ytorney jexecu ; er before or after this eee Powers of is section lays Cort that the instrument comes into force." be de osited with High Court or District Goat a Power of attorney whicl pay certified copy of it, on fe t ag ant & 2 es prescribed re empower a certified copy MAY be produced as erase mene to any aaa jpal instrumene of the contents of the ower of attorney of married wi . Dries that "A married woman, of full See ase 5 of the Act Pave power, 28 if she were unmarried, by a nent virtue of this Act, int an attorney on her behalf, for the mentary instrument, i testamentary instrument or doing any mat ah ean any perself execute OF do; and the provisions of this Act, she might jastruments creating ass of attorney shall apply es t, relating to jg section applies only to ins! yr F pee PP y, truments executed after this Act comes This section empowers a married woman ‘ i an jnstrument for executing a non-testamentary eae oe eat es which may be lawful for herself to do. ney Duration.—While a general power of attorney continues to remain in force unless expressly revoked, or determined by death of either party or expressly or impliedly limited for a specified period whereas a special power of attorney to do certain act or acts is determined when the act or acts are accomplished. Stamp duty.—A power of attorney in favour of a person, who is not a legal practitioner, js liable to stamp duty under Art. 50, clause (b) of the Stamp Act. The expression ‘power of attorney’ has been defined in Section 2(21) of the Stamp Act. In the said definition an instrument which is chargeable with a fee under the law relating to court-fees for the time being in force has been excluded. Registration.—An instrument i.e., power of attorney is generally not required to be got registered. But if it empowers the donee to realise the rents of an immovable property of the donor for the donee’s benefit, the same should be got registered in terms of Sections 32 and 33 of the Registration Act. KNOW ALL MEN BY THESE PRESENTS THAT I, AB, son of ‘ + EF, son of Shri. ., resident .., resident of.... . appoin 6 " my cy in my = and on my behalf to execute or do all or any of the acts or things hereinafter mentioned, that is to say~ (1) To appear and act in all the courts, civil, revenue oF criminal,whether original or appellate, in the registration offices a, any other office of Government or District Board, Mund in Board or any other local authority; Icipal (2) To sign and verify plaints, written statements, Petitions of ola: and objections, memoranda of appeals and Petitions = applications of all kinds and file them in any such Cotta office; ce (8) To appoint any advocate or any other legal Practitioner; (4) to compromise, compound or withdraw cases, to judgments and to refer cases to arbitration; (5) To file and receive back documents, to deposit and Withdraw money, and to grant receipts therefor; (6) To obtain refund of stamp duty or repayment of court fees; (7) To purchase property at court auction-sales in execution of my decrees up to the amount of the decree; (8) To take delivery or possession of property in execution of m decrees or of property purchased for me at an auction-sale; (9) To realize debts due to me, to collect rents from my tenants of houses and land and to receive any money due to me from any other person and to grant receipts and discharges for the same; (10) To distrain the crops of my tenants for arrears of rent; (11) To grant leases of my house property, lands agricultural and non-agricultural; (12) To file suits for rent and ejectment of tenants, and, when expressly instructed by me, other kinds of suits; (13) To apply to courts and officers for copies of documents and papers; (14) To apply for the inspection of and to inspect judicial records; (15) To accept service of any summons, notice or writ issued by any court or officer against me; and (16) Generally to do all lawful acts necessary for the above mentioned purposes. Provided that the powers hereby conferred shall not extend to :— Confess (a) granting of an agricultural lease for a term over... years or reserving a yearly rent exceeding Rs iS (b) granting of a lease of house property for a term over... years . or reserving a monthly rent exceeding Rs. (c) compromising or withdrawing a claim valued at more th Rs...........0r involving property of a value exceeding Rs.........045 (d) borrowing any money or hypothecating any property or creating any charge thereon. AND I hereby agree, that all acts, deeds and things lawfully done by my said attorney shall be construed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever that my said attorney shall lawfully do or cause to be done for me by virtue of the power hereby given. eaewiTNESS hereof I have signed this deed on thi is... 017 of" qrtness | ‘ieee » to FORM No, 2 Executant Appointment of One Attorney in Place of Anoth, wow ALL MEN, ete. of EAS by @ power of attorney dated., wee Ploswuwnsewe appointed Er, son of Shri... 1 wee Preval . him certain powers ani authorities » t i with gave d limitations therein mentioned. De nee a WHEREAS I am now desirous of appointi torney in place of the said EF, etc. Uaempaagi cs) = at ke all and singular th now I hereby revo gular the powers and authoriti me to said EF, etc., by virtue of the power of "ata ” given bY dated. d ; AND further I hereby appoint the said CD as my attorney in my e and on my behalf to do all acts and exercise all the powers and authorities mentioned in the aforesaid power of attorney dated. with such restrictions and limitations as are mentioned therein, in as effectual a manner as if the name of the said CD had been jnserted in the said power of attorney in place of the said EF AND I hereby agree that all acts, deeds and things lawfully done by the said CD for me under powers hereby given to him shall be construed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever the said CD shall lawfully do or cause to be done for me by virtue of the powers given by this deed JN WITNESS, whereof I have signed this power of Attorney on this... day of 2017 Witnesses : 1. Shri si r/o.. Sd- 2. Shi : Executant Special Pow: For drafting special power of Attorney all powers are not given rather one or two or three (i.e., some specified/special powers are given to the SPA. In other words Acts/Powers which the Special Power of Attorney is to exercise are restricted/limited/specified by the executant of the deed. Therefore, the word "All Acte’ is not used in Special Power of Attorney, rest of the draft is same as of General Power of Attorney: FORM No. 3 SPECIAL POWER OF ATTORNEY nn; BY THIS SPECIAL POWER OF ATTORNEY, 1, Ram Kumar, son of oe ecechand aged 50 years, resident of do hereby appoint, fistitute and nominate Shri Bhim Singh, 1 as my lawful mey for me and on my behalf to appear for me and represent mebefore the Sub-Registrar OLE eet tt? all times as may be necessary and represent me before him for registration of the sale deed dated... ae of... between myself and Shri Lal Singh, s/o Shri Bacay ay T/o..w....88 agreed purchaser of my land. He is to admit the ee the said deed by me, and to do any other act, thing or deed ag i ot necessary to complete the registration of the said deed. Y be I, the said Shri.............. do hereby agree and declare that all act deeds and things done, executed or performed by the said Shri...,.. 8, shall be valid and binding on me to all intents and purposes as if an by me personally which I hereby undertake to ratify and confirm whenever required, In witness whereof, I have signed this Special Power of Attorney on this 10th day of May, 2017. Witnesses 1. Shri..... ait Executant