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They can help people or organizations in a variety of legal situations since they are informed about the law and legal processes.
What Is Attorney
Criminal law, civil law, family law, business law, intellectual property law, and tax law are just a few of the areas of law in which Attorney In 2023 can specialize. They can aid clients in navigating the legal system by offering legal counsel, drafting legal documents, negotiating on their behalf, and appearing in court on their behalf.
Attorneys must be knowledgeable of the specific laws and rules in the region where they are licensed to practice because legislation can differ throughout jurisdictions. It’s typically advised to speak with a lawyer who specializes in the relevant area of law and is admitted to practice in your jurisdiction if you need legal advice.
“The Power of Attorney Act, 1882” governs those who hold powers of Attorney In 2023 . The Law Commission looked at this Act in its 68th Report after Independence and the Constitution came into effect, and while it recommended that it be replaced by a new legislation due to its antiquated structure and language, it also offered several improvements to the Act. The Act, which had operated without a hitch for a century, was not drastically altered by the alterations.
It was suggested that the necessary changes be made to the Act rather than replacing it with a new one. The Commission recommended, among other things, adding a sufficient definition of “Power of Attorney” because the Act lacked one. Therefore, Act No. 55/1982 by the Parliament revising the Act introduced Section 1A. Therefore, any document authorizing a particular person to act on behalf of and in the name of the person signing it is considered a power of Attorney In 2023 under the Act. It offers a broad definition.
A power of attorney is a document that grants someone (Donee) the right to act as an agent for another person (Principal) and to make decisions on their behalf. This authority typically pertains to issues involving real estate, including both movable and immovable property, finance, banking, and other legal issues. The person holding the power of Attorney In 2023 is only an agent as that term is defined in Section 182 of the Contract Act.
It differs from agency in that the principal of a power of Attorney In 2023 not only acts on behalf of the principal to bind the latter but also acts in the principal’s name and uses the principal’s name in the documents he executes in his capacity as the Attorney In 2023 . In the case of agency, the principal is only bound by the acts of his agent.
The term “Attorney In 2023” refers to the legal authority granted by one person, known as the donor or principle, to another person, known as the donee or agent, to act on his behalf. It is possible for two or more people to grant ‘Power Of Attorney’ to one or more people jointly.
As has already been established, a power of attorney only authorizes a certain individual to act on behalf of and in the name of the person who executed it. The intent behind the execution of a power of Attorney In 2023 is crucial to understanding it.
In essence, it’s a written or spoken means for a living person or people (the “Donor”) to grant authority to another living person or people (the “Donee”) to carry out certain acts and deeds on the “Donor’s” behalf under the terms of the power granted to the Donee by the Donor.
In accordance with the Power of Attorney Act, 1882:-
Definition—In this Act, “Power-of-Attorney” refers to any legal documents that grant a specific person the authority to act on behalf of and in the person’s name of the person who executed them.
In line with Chapter X of the Contract Act of 1872, Agency
Definitions of “agent” and principal: An “agent” is a person who is hired to perform any task for another or to act on their behalf while interacting with third parties. The “principal” is the person on whose behalf the act is performed or who is so represented.
Who may employ agent: Any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.
Consideration not necessary: It is not required to give anything any thought in order to establish an agency. The authority of an agent may be declared or implicit, according to section 186 of the law.
Definitions for both explicit and implausible authority: When a command is given verbally or in writing, it is said to be expressed. When something can be inferred from the facts of the case, such as what was said or written, or the usual process of business, it is said to have implied authority.
In accordance with INVESTOPEDIA
A power of attorney (POA) is a legal document that grants the authority to act on behalf of another person (the principal) to one person (the agent or attorney-in-fact). The agent’s legal ability to make choices about the principal’s possessions, finances, or medical care may be both extensive and limited. When a principal cannot be present to sign important legal documents for financial transactions due to illness or incapacity, a power of Attorney In 2023 is typically employed in those situations.
In accordance with WIKIPEDIA
A power of attorney (POA) or letter of Attorney In 2023 is a document that grants someone the right to represent or handle another person’s interests in business, personal matters, or other legal matters. The principle, grantor, or donor (of the power) is the individual giving another person the go-ahead to accomplish anything. The agent is the one with the authority to act.
In accordance with Cambridge Dictionary:-
“a legal document that grants someone the authority to act on your behalf, particularly in financial or legal matters.”
In accordance with Merriam Webster Dictionary:-
“A legal document granting someone the power to act as the grantor’s Attorney In 2023 or agent.”
Therefore, it is obvious that a POA is a written document that has been signed by a living person on behalf of another living person or persons in order to carry out the acts and deeds specified therein.
NATURE OF THE POWER OF ATTORNEY:-
It is widely accepted that under Section 202 of the Contract Act, 1872, a general power of Attorney In 2023 obtained for a consideration is irrevocable and that such a Attorney In 2023 cannot be revoked even upon the death of the executant. The Power of Attorney paired with interest is irrevocable and cannot be canceled even upon the death of the principal, according to Section 202 of the Contract Act, 1872. The following is a reproduction of Section 202 of the Contract Act:
“SECTION 202. Termination of agency where agent has an interest in subject-matter:-
If the agent has a personal stake in the asset that is the subject of the agency, that interest cannot be adversely affected by the termination of the agency in the absence of an express contract.
SCOPE OF POWER OF ATTORNEY
In terms of any right, title, or interest in real estate, a power of Attorney In 2023 is not a transferable document. According to sections 1A and 2 of the Powers of Attorney Act of 1882, a power of attorney establishes an agency through which the grantor permits the grantee to act on his or her behalf and, once completed, the grantor will be bound as if the act had been carried out by the grantee. Unless it is rendered irrevocable in a way that is permitted by law, it is terminable or revocable at any moment. It is impossible to transfer title to the grantee, not even with an irrevocable Attorney In 2023 .
The Honourable Supreme Court ruled in State of Rajasthan vs. Basant Nehata that “A grant of power of attorney is mainly governed by Chapter X of the Contract Act. An agent is formally appointed by virtue of a power of Attorney In 2023 deed to represent the principal in a single transaction, a series of transactions, or to manage the principal’s business generally by delegating required authority to another person.
The principal signs a power of attorney document in the agent’s favor. The agent has the right to use his name and all acts, deeds, and things that he does, subject to the restrictions set forth in the said deed, shall be construed as having been performed by the donor. As is common knowledge, a power of attorney is a document of convenience.
A power of attorney may be executed in accordance with the Contract Act’s and the Powers of Attorney Act’s provisions. We’ve seen earlier that the donor must sign a power of Attorney In 2023 before the donee can act on his behalf. It is revocable, with the exception of situations when a power of attorney is paired with interest.
When exercising his authority under such a power of attorney, the donee merely acts in place of the donor, naturally within the bounds of the authority provided to him as a result of said authority. He is not permitted to benefit personally from the power of Attorney In 2023 . He performs his duties as a fiduciary. A matter between the donor and the donee is any act of adultery or violation of trust.
SOLUTION AND BENEFITS:-
The public will be encouraged to declare the maximum sale value and have the sale deeds registered if stamp duty on conveyance is reduced to reasonable levels. In the long run, the reduction in stamp duty will be beneficial for two reasons: (i) parties will be encouraged to execute registered deeds of conveyance/sale deeds without any under valuation rather than engaging in SA/GPA/WILL transactions; and (ii) an increasing number of sale transactions will be made by way of duly registered sale deeds, disclosing the entire sale consideration therein.
Reduced conveyance stamp duty to realistic levels will encourage the general public to declare the maximum sale value and register the sale deeds. Though the reduction in stamp duty may result in an immediate decrease in revenue due to stamp duty, it will be beneficial in the long run for two reasons: (i) parties will be encouraged to execute registered conveyance or sale deeds without any undervaluation rather than entering into SA, GPA, or Will transactions; and (ii) an increasing number of sale transactions will be done by way of duly registered sale deeds, disclosing the entire sale consideration therein.
“A SA/GPA/WILL transaction neither conveys nor creates any interest in immovable property.” We therefore reiterate that only a registered deed of conveyance can legally and lawfully transfer/convey immovable property.” These observations are not intended to affect the validity of sale agreements and powers of Attorney In 2023 executed in genuine transactions, the Hon’ble Supreme Court held.
As a result, a SA/GPA/WILL transaction neither conveys nor creates any interest in immovable property. As a result, we reaffirm that only a registered deed of conveyance can legally and legitimately transfer/convey immovable property. Except to the extent permitted by section 53A of the TP Act, they cannot be acknowledged as deeds of title. Such transactions cannot be relied on or used to justify changes to Municipal or Revenue Records.