Legal Question in Civil Litigation in India

power of attorney

Whether a Power of Attorney (PA) requires compolsry Registeration.or what are the PA to registered one.

The case is as follows.

A is the Owner of the Vehicle and through Power of Attorney ( on Rs 10/ - Non Judicial stamp paper without registration ) the same vehicle given to B for operations to run and manage.

In view of the above un registerd Power of attorney the B agent has kept for rented with a company. Where the company is

using the vehicle for their official purposes.

Can you please clarify the following points from legal point.

1. whether the execution of Un registered Power of Attorney by A on Rs 10 / non judicial paper is valid.

2.Whether a power of attorney is valid for movable properties like BOLERO 4 wheeler vehicle to agents B

3. Can the company accept the vehicle on behalf of power of attorney holder.

4. If Power of Attorny accepted by the company ,then the company as to pay rent to whom either to PRINCIPAL ( A) or to AGENT (B)

5. both A & B are the license holders.

6. The company has taken on condition that entire responsibilty should be on the Agent only

7. is there any obstruction in accepting the PA by the compay.

Please clarify in the interest of the COmpany.


Asked on 6/26/07, 5:07 am

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: power of attorney

1. yes

2. yes

3. yes

4. can be paid to anybody as per agreement

5. --

6. responsibility will be as per agreemnent

7. company is goverened by it by laws so without going through documents can not advice.

For further and detailed advice please contact personally. Consultation charges will apply.

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Answered on 7/01/07, 1:54 pm
birendra dash dash associates

Re: power of attorney

A power of attorney must be registered and a non registered document has no waitage in the eye of law.But in your case the agent can utilise the unregistered document.The company to whom the vehicle has been given on rent it is the duty of that company whether the POA is a genuine one or not.If the POA acceptable to the company then rent will be given to POA not to the original owner of that vehicle

THANKS

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Answered on 6/27/07, 6:51 am
Alok Sharma Alok Sharma & Associates

Re: power of attorney

Answer 1.The law does not require a POA to be registered compulsarily. 2. Yes it is.3. The company accept it on behalf of the owner.4. The rent can be paid to both (depends on the wordings of POA).5 not clear.6.depends on the wordings of POA or some separate agreement between B and company. 7. there is no obstruction or problem.

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Answered on 6/27/07, 8:25 am
PAWAN KUMAR

Re: power of attorney

can we accept the power of attorney on behalf of agent and if so to whom we should we pay to either principal or to Agent.

If we reject PA on what ground we should reject, is it PA is not applicable for Motor Vehicle.

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Answered on 6/26/07, 8:52 am


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