Legal Question in Wills and Trusts in India

rules of power of attorney

what are the rules regarding power of attorney when given to someone?can this power be misused by the person who has been given this power?it would be kind on your part to answer this at your earliest.thank you.


Asked on 12/01/01, 12:50 am

3 Answers from Attorneys

Bimal Bhaskar Bimal.B.Bhaskar

Re: rules of power of attorney

Dear Sir,

A power of attorney is nothing but the appointment of an agent. By the document(i.e in terms of the language used therein) the executant(person who executes the power) empowers the other to do certain acts. The executant by so appointing the agent becomes liable for all the acts done/defaults/negligent acts by such agent as a consequence of such appointment. Powers of attorney can also be given for consideration and can include indemnification clauses to keep the executant free and indemnified by the agent(power of attorney holder) in case of any acts default/omission/commission which result in infringement/violation of other peoples rights or of the law of the land. Trust this answers your question.

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Answered on 12/02/01, 11:33 pm
Prabhat Shroff Shroff & Company

Re: rules of power of attorney

Simply speaking, a Power of Attorney means a document by which an agent is appointed to do certain acts deeds and things as specified in the document.

It may be misused which results in the liability falling upon the person who executes the Power.

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Answered on 12/03/01, 12:16 am
Umesh Bhagwat Bhagwat&Co.

Re: rules of power of attorney

A POA authorises a person to act on his behalf and perform certain acts specified in the POA.A special POA authorises a person to under a specific purpose whereas a GPA authorises a person to perform a number of tasks.Like any document a POA can be misused if givn to a wrong person.

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Answered on 12/01/01, 1:39 am


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