 who is tremendously respected, not only amongst the clients, but also amongst the lawyers, as well as for his knowledge sharing process, which is simplified in the most implicit manner. Without taking much time, I would request Mr. Rao to take things forward. What do you say? Thank you, Mr. Chathrat. Good afternoon, friends. We are here today to discuss about the legal position in regard to a power of attorney. Power of attorney is basically a French word and it means a person acting for another as an agent or a deputy. This is what is meant by attorney in French, a person acting for another as an agent or deputy. If you go to a dictionary, the definition of the word attorney is one who is legally appointed to transact business on another's behalf. One who is legally appointed to transact business on another's behalf. Therefore, power of attorney means and includes a document which defines the limits of the power of an agent who is legally appointed to transact business on another's behalf. So therefore, this is what a power of attorney actually means. The word power of attorney is used practically in all languages. In Canada, I don't find any translation of the word power of attorney. And I believe that the same is the case in respect of other languages. Even a layman, a man who is unable to read or write can understand what a power of attorney is. Normally, in what situations a power of attorney is generally executed, when the executant of the power of attorney, who is normally called the principal, is unable to attend to certain acts, deeds or things on his behalf personally, by himself, by reason of inability for various reasons. So therefore, this is one situation where a power of attorney is executed. To give a simple illustration, a person is living in Delhi. He wants to sell a property in Bangalore and he has some difficulty in driving it to Bangalore and executing a sale deed. In such a situation, he can execute a power of attorney in favor of a person who is known to him, a father, son, mother, daughter or whoever it is, to execute a sale deed on his behalf and to transfer the property. Suppose a man is in a foreign country, a man is unwell and he is unable to move about, a man has some disability and in certain situations, it may even happen that a person may be the legally the owner of the property, but he may not have the necessary knowledge as to how the property was acquired and all that, because all those transactions would have been handled by somebody else, like father, husband, son or somebody else. So therefore, in these situations, where a person for any reason is unable to attend to the acts which is legally bound to do, then in such situations, he normally executes a power of attorney. And there may be also cases where there are four or five people who are entitled to a particular right and it may not be possible for all of them to join together and execute those acts. In such a situation, one of them may be selected, a power of attorney may be given to him for executing those acts and deeds. So therefore, these are the situations in which a power of attorney can be executed and the situations are innumerable and I have only brought to your notice a few situations in which a power of attorney is generally executed. Normally, as lawyers, we come across situations where power of attorney is executed for filing suits before court, for taking steps in court for the purpose of prosecuting or defending the proceedings. So the rights of such powers of attorney also would be relevant for discussion in this webinar. Now, the word power of attorney is defined in two enactments. There is one act that is called the power of attorney act 1982 under section 1A, a power of attorney is defined. In fact, though this act was of the year 1872, it did not contain the definition of a power of attorney. Therefore, the act was amended in 1982 by inclusion of section 1A to define what a power of attorney is. And in this, the definition is in this act that is referring to the power of attorney act, in this act power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing it. So therefore, this is the definition contained in the power of attorney act. And the word is also defined in section 2P of the Karnataka Stamp Act and almost a similar definition of power of attorney is contained in the Stamp Act. The power of attorney includes any instrument not chargeable with fee under the law relating to court fees for the time being in force, empowering a specified person to act for and in the name of the person executing it. Both these definitions are almost identical in content and not exhaustive, but is an inclusive definition. In fact, if you look at the definition of power of attorney in the Stamp Act, it says that the duty imposed is not applicable to power of attorneys where court fees payable on the power of attorney. That is, a vakaalatama is also in a sense a power of attorney. Therefore, the vakaalatama is exempted from stamp duty under the Stamp Act because vakaalatama on the vakaalatama court fee is payable under the court fees act. So therefore, it is an inclusive definition. So where a principal appoints an agent, the donor is the person who executes the power of attorney and the power of attorney folder is always the agent of the donor. There are no prescribed forms for execution of a power of attorney statutorily. A power of attorney may be either general or special. It may be general in respect of an event. It may be general in respect of some property or some transaction or it may be an omnibus document authorizing the other man generally to do everything on behalf of the principal. So therefore, if the general power of attorney may be confined to a particular event, suppose a general power of attorney may be given for conducting litigation in respect of a particular property. A general power of attorney may be given in respect of a particular property or it may be given only for one event. Therefore, what I say is if it may be general in respect of an event or property or in respect of all the transactions on behalf of the principal where it would be an omnibus document. The person executing the power of attorney is called the principal or donor and the folder of the power of attorney is called the agent. The relationship between the two that is the principal and the agent is the same as defined in the Indian contract act chapter 10. And the relevant provisions applicable are sections 182 to 188 of the Indian contract act. I will just make a reference to these sections in order to understand who is an agent and how an agent is created. Section 182 says agent and principal define an agent is a person employed to do any act for another or to represent another in dealing with third persons. The person whom such act is done, called the principal, who may be, who may employ an agent. Any person who is of the age of majority according to the law to which he is a subject and who is of sound mind may employ an agent. So therefore the donor of the power of attorney must be a person who is of sound mind and who is a major. As far as an agent is concerned, his qualification is contained in section 184. As between the principal and third person, any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent. So as to be responsible to his principal according to the provisions in that behalf here in content. So therefore, similar is the qualification for an agent. He must be a major, he must be of sound mind. Then the next question is whether there can be, there should be a consideration for executing a power of attorney. There need not be any consideration. There may be consideration, there may not be any consideration. Suppose a stranger is appointed to do certain acts. The stranger may say that the agent would be entitled to a commission of certain percentage in the profits or a monthly remuneration may also be fixed if it is a continuing power of attorney or a fixed remuneration also may be fixed. Or it could be even free where some acts are done by the father on behalf of the son, by the mother on behalf of the father or in these relationships it could also be without consideration. Then agents authority may be expressed or implied. The authority of an agent may be expressed or implied. So therefore in a power of attorney there would be terms which would be very clear to show what are the powers of an agent. And if to perform those terms, a few other ancillary deeds are required, then those are also implied terms of the power of attorney. Then I take, I go to section 188, the extent of the agent's authority. An agent having an authority to do an act has authority to do every lawful things which is necessary in order to do such act. An agent having an authority to carry on business has authority to do every lawful thing necessary for the purpose are usually done in the course of conducting such business. See, suppose a lawyer is also an agent. The Vakala Tnama may not in terms state what the lawyer should do on behalf of the client. Then there are certain implied conditions and those implied, those the authority in respect of those implied conditions would also be lawful. Then agents authority in an emergency. An agent has authority in an emergency to do all such acts for the purpose of protecting his principle from laws as would be done by a person of ordinary prudence in his own case under similar circumstances. So therefore an agent has also some power in an emergency though those powers are not actually stated in the power of attorney itself. So therefore these sections, these are general sections which apply to all the agency including an agent of a power of attorney holder. Now a Vakala Tnama is also a practically a power of attorney. The client actually empowers the lawyer to do something on his behalf. Therefore a Vakala Tnama in essence is also a power of attorney. Now there is no specific forum in which a power of attorney has to be drawn up. In fact it is a document which has got to state all possible situations in which the agent would be required to act in respect of a particular property or a particular transaction. It normally starts like this. It says no all men by these presents that's how it starts or it may even say this power of attorney executed on this such and such and so and so by etc. Or if there are number of people executing it it may also say to all to whom these presents that's how it would start. Now the next important thing is the description of the donor principle giving all the details of his identity. Name of the donor, his father's name, age, entire correct address where he can be identified and if necessary the identification also may be specified with reference to the author card and the PAN number. Then the next thing is the description of the agent, the whatever particulars I stated in regard to the principle we will have got to be stated in respect to the agent also. Then the what are the powers given to him see to manage the scheduled property generally to be in possession of this property and to manage and to raise crops there on annually. Number three to pay taxes in respect of this property to represent before all revenue authorities to file suits or defend actions in respect to the scheduled property. So therefore specifically you have got to say what is the agent is required to do under the power of attorney. In fact, if it is executed in respect of a transaction in respect of proceedings in the court, if the proceedings are not have not been started or the proceedings are started also. Then you will have to very clearly say that he is authorized to sign pleadings, applications, produce documents and do all acts on your behalf. You should also specifically say that he is authorized to depose on both before the court and he is also authorized to engage advocates on my behalf and to file appeals, revisions and such other proceedings as may be required in respect of this particular transaction. And if it is in respect of a particular case, the case number and the court in which the proceedings are pending should also be clearly stated. So therefore what I say is all possible situations which are generally required to be done by the power of attorney to achieve that particular object should be stated as far as possible in the power of attorney. And then a general clause saying that the power of attorney is given for this particular purpose and he is also authorized to do all other incidental acts that are required to achieve this purpose. That may also be stated at the end of the power of attorney. Then the one other thing that I would say is the power of attorney must be duly signed by the executant and it is a unilateral document. In many times the signature of the agent may not be required to the power of attorney unless there are reciprocal obligations also stated in the power of attorney. In such a situation the signature of the agent also be got affixed to the power of attorney to say to show that he has undertaken the responsibility interested to him under the power of attorney. So this is very important. However the law does not prescribe any reasons to be assigned for executing a power of attorney. However in certain situations it may be necessary to state the reasons. Suppose a man is ill, he is hospitalized, he is unable to come to court. Therefore he appoints a power of attorney to give evidence on behalf of that particular party. Then in such a situation in order to bring to the notice of the court that the donor is unwell and is therefore unable to come to court. And therefore a power of attorney is executed. This is only to show the justification for execution of a power of attorney. In fact in many situations if the justification is not contained in the power of attorney it is possible that the court may even draw an adverse influence against you. Therefore in a few situations it would be necessary to say as to why a power of attorney is executed. And in some situations it may be necessary to state the reason to show that the power of attorney is a denied document. And it is not a got up document. And for that reason also it may be necessary in some situations to execute a power of attorney. Suppose you say that a man is residing in Bangalore. He wants to execute a sale deed in fear of another person in Bangalore. And if he should execute a power of attorney to sell the property there might be some justification. Otherwise on the face of it would show why the donor who lives in Bangalore and who is not put to any inconvenience has executed this document. In such a situation in order to show that the document is denied it is better to state the reason as to why a power of attorney is executed. Then the next question is whether registration of a power of attorney is necessary or not. Registration of any power of attorney is not compulsory. It is the most important thing that we have got to keep in mind. But there is only one situation where the courts have held that a power of attorney must be executed and authenticated before the registrar or sub-registrar. Within the jurisdiction of sub-registrar of the jurisdiction where the person executing the power of attorney norm ordinarily lives. This is I may make a reference to section 32 and 33 of the Indian Registration Act. This is what section 32 says persons to present document if for registration except in cases mentioned in section 31, 88 and 89. Every document to be registered under this act whether such registration be compulsory or optional shall be presented at the proper registration office for the persons authorized by some person executing or climbing under the same or in the case of a copy of the decree or order climbing under the decree or order then be by the representative or assign of such person. Then by an agent of that person, so therefore the person presenting the document may be even an agent of the person who has executed it. By the agent of such person representative or assign duly authorized by power of attorney executed and authenticated in the manner here in before mentioned. So therefore for presenting the document for the document is executed by the donor. Therefore the only for presentation of the document he executes a power of attorney. Then in such a situation clause C of section 32 would be applicable. Then in such a situation a power of attorney has to be executed and authenticated in the manner here in after mentioned. Then if you go to section 33 which power of attorney is recognized is stated for purpose of section 32 the following power of attorney shall alone be recognized namely if the principal at the time of executing the power of attorney resides in any part of India in which this act is for the time being enforced a power of attorney executed before and authenticated by the subject or within foods district or sub district the principal resides. So therefore if a document is executed by the by the principal himself. He does not want to go to the sub district office for presenting the document for registration. Then in such a situation the power of attorney will have got to be executed before and authenticated by the subject by the registrar or subject. It is not it does not say that the power of attorney must be a registered power of attorney. This distinction will have got to be clearly kept in mind. It says that it should be executed and authenticated by the sub by the sub registrar. See if you present a document for registration you don't execute the document before the sub registrar the document might have been executed somewhere else. A document which is executed somewhere else is presented before the sub registrar for registration. Whereas what is required is that the power of attorney required only for presenting the document for registration. It has got to be executed before the sub registrar or sub registrar. That is the document will got to be signed before the sub registrar and the sub registrar must authenticate the document. To authenticate the document means he must certify the genineness of the signature of the executant of the power of attorney. So therefore unless these things are strictly followed the execution of the sale date would itself be invalid. In fact the supreme court has considered this question in great detail in one of its decisions. And that is a decision reported in 2009. A.I.R. Supreme Court Weekly 5416. Ranjini Tandon versus Dhulal Rajan Ghosh Dasgir and another. In this case what happened was the document was executed by the power of attorney holder himself. It was not executed by the principal and it was presented for registration also by the before the sub registrar by the power of attorney holder. An objection was taken before the court that such a power of attorney which authorizes a person to execute a document and get the document registered is required to be registered. And as the power of attorney was not registered the sale date was invalid in law. So the supreme court by reference to these two sections that is 32 and 33 of the Indian Registration Act said that where the execution of the document and the presenting the document for registration. When both these things are authorized under the power of attorney and the power of attorney holder himself executes the document and presents the document for registration it is not necessary for the power of attorney being registered. If the document is executed by the principal and the presentation alone is made by the sub registrar only in such a situation the document requires execution and the authentication by the registrar or sub registrar. Within full jurisdiction the executant of the document ordinarily resides. So therefore this distinction will have got to be kept in mind when we want the document only to be presented for registration and the executant himself has signed the document. And one other most important thing is the sub registrar should specifically say that this document is executed that this power of attorney is executed in his presence and that he has authenticated the power of attorney. So merely saying I have attested this document executed before me or anything like that would not do both execution and the authenticity of the signature should be certified by the sub registrar and this is one thing that has got to be kept in mind. There is one other provision with regard to the authentication of the power of attorney and I would invite your attention to the power of attorney act. A reference may be made to section four of this power of attorney act that is that is the powers of attorney act 1882 1882 and this is one provision which we have not made use of at all for several decades. I will read this provision deposit of original instrument creating power of attorney and instrument creating a power of attorney. It's execution being verified by affidavit. So therefore the power of attorney must be accompanied by an affidavit in regard to his execution 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 full jurisdiction the instrument may be then that is the first then a separate file of instruments so deposited shall be kept and any person may search and file search that file and inspect every instrument so deposited and a certified copy thereof shall be delivered out to him on request. So therefore the document should be deposited with the declaration and the court must maintain a file and that file may be searched by any member of the public and a certified copy may be obtained by him. Then a copy of an instrument so deposited may be presented at the office and may be stamped and marked a certified copy and when so stamped or marked shall become and be a certified copy. So therefore a certified copy could be issued then clause D a certified copy of an instrument so deposited shall this is what is important shall without further proof be sufficient evidence of the contents of the instrument and the deposit thereof in the high court or the district court. So therefore it shall without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the high court or the district court. The high court may from time to time make rules for purpose of the section and prescribe with the concurrence of the state government the P to be taken under clause AB and C this section applies to instruments created. So therefore my submission is this provision in fact had escaped my attention for the last 50 years only because of the webinar and because I had to give some attention to these provisions this has come to my notice. So therefore it is quite probable that a power of attorney may get destroyed or the power of attorney may be lost. Suppose a sale deed is executed by a power of attorney holder and the power of attorney is lost. What is this and the power of the such power of attorney is not also registered. So therefore there is no other document to show that the power of attorney is executed in such a situation if such a power of attorney is deposited with the high court or the district court you can take a certified copy of the document. If the power of attorney is registered you can take a certified copy of that registered document. Therefore though a registration of the document is not compulsory we should always advise our clients to have the power of attorney registered as far as possible. So that if the original is lost some secondary evidence would be available with regard to this power of attorney especially in cases where big transactions are involved. So therefore this provision under section 4 of the powers of attorney act is one of the important provisions which practically I had lost sight of for almost 5 decades and therefore this provision we must make use of whenever it is necessary. Then this is one important aspect that we have got to keep in mind. Then the next thing is what is the stamp duty payable on a power of attorney. The stamp duty payable on a power of attorney is contained in article 41 of the Karnataka Stamp Act. In all states almost I am told similar provisions are there and the stamp to be affixed the stamp paper on which the document will have got to be drawn. A reference will have got to be made to section article 41 of the schedule of next to the stamp act and generally see if it is special power of attorney it is 100 rupees. For ordinary things I am saying and where the power to execute a document is not involved I put that rider and in other cases it is 200 rupees. If the document enables the agent to sell the property then in such a situation the power of attorney will have got to be stamped as if it is a conveyance. And exemption is given where such power of attorney is executed in respect of a particular class of relatives. This is what article 41 E. B. prescribes where when given to persons other than the father, mother, wife or husband, sons, daughters, brothers, sisters in relation to the executant authorizing such person to sell the immobile property situated in Karnataka state the same duty as a conveyance. So therefore it should be the same duty as a conveyance and if stamp is paid on the power of attorney as a conveyance that amount will be deducted from the stamp duty payable on the sale date and the time when ultimately the sale date is executed. So in fact it is a very long provision and depending upon the terms of the power of attorney we will have to go into article 41 and decide what is the proper stamp duty that has got to be paid. Then the next question is when does a power of attorney get terminated? The situations under which a power of attorney gets terminated or enumerated in section 201 and 202 of the Indian contract act. I will just read these two sections and then take you to a few decisions in this regard termination of an agency. An agency is terminated by the principal revoking his authority. So first situation is the principal has always a right to revoke the agency and this is normally done by issue of a notice. If the power of attorney in the normal circumstances can be terminated by issue of a notice and from the time the notice is received by the agent the power of attorney gets terminated. Then or by the agent renouncing the business of the agency the power of attorney himself can say no I don't want to use my powers under this document. I renounce my character as an agent and issues a notice to the principal in such a situation also the power of attorney gets terminated or by the business of the agency being completed. Suppose there is a joint development agreement between the parties and the owner of the property has also executed a power of attorney along with the joint development agreement. The joint development the properties developed the properties are sold under the power of attorney and everything in respect to the joint development agreement has come to an end. In such a situation the power of attorney automatically gets terminated with the completion of the business of the agency then or by the principal or the agent dying or becoming insolvent. So if the principal dies the power of attorney gets automatically terminated if the agent dies it gets terminated. If both of them become of unsound mind also the power of attorney gets terminated or by the principal being adjudicated and insolvent under the provisions of any act for the time being enforced for the relief of insolvent debtors. So therefore if he is declared an insolvent also the power of attorney gets terminated. These are the situations where the power of attorney is terminated then there is one situation where the power of attorney does not get terminated at all. And that is covered under section 202 of the Indian Contract Act where the agent himself has an interest in the property which forms the subject matter of the agency. The agency cannot in the absence of an express contract be terminated to the prejudice of such interest. So therefore the agency himself has an interest in the property which is the subject matter. So that is very important. The subject matter of the power of attorney the agent must have an interest in the very subject matter. If the agent has an interest in some other property or belonging to the donor it does not become irrevocable. So therefore where the agent himself has an interest in the property which forms the subject matter of the agency then the agency does not get terminated for whatever reason. Even if the power of attorney holder dies the agency does not get terminated and that is clear by a reference to the illustration to section 202. This is what it says. So though the word death is not mentioned in the section itself and the word the section only says that the power of attorney is irrevocable the illustration makes that situation very clear. This is what the illustration says. A gives authority to be to sell A's land and to pay himself out of the proceeds the debts due to him for A. A cannot revoke this authority nor can it be terminated by insanity or death. So therefore even by insanity or death the power of attorney does not get terminated. I give one other concrete example of how it could happen. Suppose in fact in our area there was a law which prevented non-agriculturists from purchasing agricultural land. So therefore the device that was normally adopted was that an agreement for sale was executed by the owner of the property in favor of the buyer. It would be a normally registered document. Then another power for attorney would be executed by the owner in favor of the buyer or some other person as instructed by the buyer. A power of attorney authorizing him to sell the property number one and authorizing him to get the property converted into non-agricultural use. So that what would happen is the conversion of the property would take some time and it may be possible for the owner to back out to the transaction of the agreement for sale. So therefore the entire amount of consideration is paid and a power of attorney is executed. So in such a situation the buyer without reference to the owner can get a sale deed executed in his name either by himself as power of attorney holder of the owner or by some other person who is appointed as an agent. So even in such a situation suppose after the agreement for sale and the power of attorney is executed. Let us suppose the owner dies. Can the LR say we have acquired the property on succession to our father. The power of attorney is terminated. Therefore the agent has no power to execute the sale deed. No in such a situation section 202 applies in the in the subject matter of the power of attorney. The agent had an interest because he held an agreement for sale. Therefore such a power of attorney does not get terminated even by the death of the principal and this principal will have got to be correctly kept in mind. As far as the revocation of the power of attorney is concerned I would invite your attention to few decisions in this regard. The first decision is the decision of the Karnataka High Court reported in 2014 one KCCR 676 Vajit Pasha versus the chairman Bangalore Development Authority Bangalore and others. The power of attorney gets this is a decision of justice and I read only from the head note. It gets power of attorney it gets terminated automatically by death of either of the parties as soon as the person who executed the power of attorney dies. The right given to the agent comes to an end. Once the agency is terminated on account of the operation of law or by the act of the principal the agent cannot act on the basis of the power conferred upon him under the deed of power of attorney. So therefore it gets terminated by death and this is the authority. Then I would invite your attention to another decision of the Supreme Court reported in AIR 1969 Supreme Court page 73. Seth Loon current versus Yee Jones. It is a judgment of justice today. See in this case what had happened was that a person that a person borrowed a loan from the bank. And as security for this loan he executed a power of attorney in favor of the bank authorizing the bank to recover money is due under a decree which he had obtained and appropriate the proceeds of the of the execution of the decree towards the loan. Then what happened was the bank manager filed an execution petition before the court to say to mentioning the decree folders name and as power of attorney folder he wanted to execute the decree. Then the judgementator himself raised an objection. He said I have not assigned the decree in favor of the bank. I have only executed a part of attorney. So therefore the power of attorney folder has no right to execute the decree and the power of attorney folder cannot therefore the execution is not maintainable. In such a situation the court said having regard to the entire transaction the court said that the power of attorney was irrevocable because it was given in pursuance of a loan given to the borrower and as security this power of attorney was executed. Therefore the power of attorney was executed for purpose of recovery of the loan and therefore the bank had an interest in the property which was the subject matter of the power of attorney and therefore the supreme court held that the power of attorney was irrevocable. There was an equitable assignment of the decree and therefore the bank was entitled to execute the decree, recover the money and appropriate it towards the decree and that's what the supreme court ultimately said. Then the next decision is a decision in AIR 1969 Supreme Court 313. See this was also a case where a bank was involved. In fact loans were given to a person who had some military contracts and the bills that were raised for payment they were assigned in fare of the bank for enabling the bank to appropriate the money so recovered towards the debt. And in the meanwhile what happened was after the bills were assigned another debtor of the borrower he filed a suit and obtained attachment of the money is payable under the bill. Then therefore the question was whether the bank which had a power of attorney in its favor to recover these monies had a better right than a person who had attached these bills. Later the supreme court said that the attachment is invalid and the power of attorney executed in favor of the bank was an irrevocable power of attorney and it contained an equitable assignment of the money payable under the bills therefore the court held the attachment to be invalid in that case. Then there is another decision of the Andhra Pradesh High Court reported in AIR 1990-5 Andhra Pradesh page 30. The essential requirement of an irrevocable power of attorney is that the assignment of interest in the subject matter of the agency must be simultaneous with the creation of the power by him. Mere description of the power of attorney as irrevocable is immaterial. So therefore the creation of the interest and the power of attorney both should happen simultaneously. If today the power of attorney is executed if an interest is created subsequently Andhra Pradesh High Court says that such a power of attorney would not be a power of attorney coupled with interest and therefore it would be revocable. In fact the fact that in the power of attorney if it is mentioned as simply in fact it does not contain any interest in the subject matter as far as the power of attorney holder is concerned but it is simply stated that the power of attorney is irrevocable. So if it is not coupled with interest in spite of saying that the power of attorney is irrevocable it would still be revocable though it is stated as irrevocable in the power of attorney itself. So therefore the nomenclature of the power of attorney and the terms of the power of attorney are not by themselves very relevant. Then this is one other important decision of the Supreme Court in 2020 to Karnataka Law Journal page 458. It is a Supreme Court, no this is not a Supreme Court, I am sorry. This is a judgment of the Karnataka High Court in 2020 to Karnataka Law Journal page 458. In fact in this case the both the documents the power of attorney and the agreement both documents were executed simultaneously. But by a reference to these documents there was no reference to the agreement in the power of attorney there was no reference to the power of attorney folder in the agreement. Therefore the court said that the power of attorney is not coupled with interest by making a reference to both the documents. Though the court came to the conclusion but both the documents have got to be read together though as they were contemporaneously executed. In fact I would make a reference to by the judgment in Suraj Lam's case it can be clearly inferred that in execution of a power of attorney much less an irrevocable power of attorney or an agreement of sale with respect to immobile property it is not if so fact or transferring any right or interest in favor of the beneficiary under the instrument that is the attorney or the agreement folder. The said judgment further makes it clear referring to Suraj Lam's case makes it clear that in case the agreement folder intends to perfect his or her title based upon the sale agreement then he or she is not prevented from getting the getting the register deeds of conveyance to complete his or her title. Illustration A to section 202 of the contract act is clear and applicable to those cases where the very purpose of execution of the power of attorney is to enable the power of attorney folder to get his or her entitlement paid to him or her. It is in that case the attorney folder can be called as having interest in the general power of attorney executed in his or her favor. Whereas in the case on hand this is what is important whereas in the case on hand as already absorbed above the purpose for which the general power of attorney was executed by Sri Muniya Paliya Sruthappa is nowhere made clear in exhibit D4 or D5 merely because their contemporaneous document it cannot be inferred that the holder of the said agreement would get an interest under the general power of attorney so as to overcome section 201 of the contract act and fall within the scope of section 202 of the same act. This is clear in all the three judgments referred above which were relied upon by the Learned Council for the Respondents. Rather in those situations where the sale agreement folder though was put in possession and already parted with some consideration the remedy available to such agreement folder would be for enforcing the contract specifically either as against the executant or his or her legal representative. So therefore in view of the decision what is very important is when we draft these two documents may be on the same date you have got to say in the power of attorney that this document is executed in view of having executed a sale deed agreement for sale on this date. And the agreement should also say that the power of attorney that the owner has executed a power of attorney yet a connection between these two documents must be there. If the connection between these two documents is not available then my submission is the two are though executed contemporaneously on the same date the two documents should be treated as independent documents if a connection is not available by reference to these two documents. Therefore we have got to keep this in mind to show that the general power of attorney is executed in view of the agreement for sale having been executed and the agreement for sale should also contain a covenant of execution of a power of attorney and this is absolutely necessary. Then in one other case I would make a reference where though the power of attorney holder died the court said that the power of attorney is valid under section 202. That is a decision reported in AIR 2003 Gujarat page 294 this is Bhagawan by Karaman by versus Aurogyanagar cooperative housing society and what he said I make only a reference to head note D in this decision irrevocable power of attorney executed by all land owners for sale of land. Land owner also parting with their power in favor of the power of attorney holder. Death of one of land owner no need for power of attorney holder to obtain consent from years and legal representatives of the deceased land owner. More so when there is no express contract for termination of the agency so therefore when one of the land owners died the court said that the power of attorney does not get terminated. Then I make a reference to one other decision of the Karnataka High Court reported in 2011 5 KCCR page 3762 this is in a Subhadra versus M. Narasimha Murthy. This is also a case where an agreement for sale and a power of attorney were simultaneously executed and in the agreement in the power of attorney the amount paid under the agreement for sale was also shown. Therefore in this case the court held that the power of attorney was not revocable and therefore it was a valid power of attorney and therefore a sale deed executed by the power of attorney holder was held to be valid in this case. So therefore where I there is not much to go into that decision. Then the next authority is ILR 2020 Karnataka page 3749. This was a case where in fact I made a reference to these facts earlier. This was a case where a joint development agreement and the power of attorney were simultaneously executed. The court said that the two documents formed part of an integral transaction and after when the joint development agreement was either executed or if it is cancelled. In such a situation though the power of attorney executed was an irrevocable power of attorney the power of attorney automatically gets terminated if the joint development agreement comes to an end for the purpose. When a JDA and a GPA are executed the primary document is the JDA that is joint development agreement. GPA is an ancillary document. GPA has no independent existence. When the when the JDA is terminated the GPA also gets automatically terminated. That is that is when the business of the agency comes to an end the power of attorney also gets terminated. So therefore the most important thing is when the power of attorney gets terminated is a is a question which arises often. And we normally draft large number of documents which contain both a power of attorney and also an agreement for sale and therefore the caution that is shown in all these decisions will have got to be kept in mind while executing while drafting such documents and therefore these principles will have got to be kept in mind. Then the next question is there are cases where fraud may be played by the power of attorney holder. See what happens is a power of attorney is executed in favor of a known relative in whom you have trust authorizing him to sell the property and transfer the consideration to you and all that. What he does is he executes a nominal sale deed in favor of some other relative and for a nominal price and in such a situation what happens to the owner of the property. So the owner of the property can file a suit to show that the power of attorney holder has prayed fraud upon the principal and therefore the acts of the power of attorney should be set at naught and the sale deed executed by him should also be set aside. And in such a situation the power of attorney holder and the subsequent purchaser will have got to be made to be made in the case you will have to be established before the court that fraud is played by the power of attorney holder again as the donor or the principal and if the fraud is established the sale deed and the power of attorney will be ultimately set at naught. Then the next question that normally arises is see power of attorneys are generally executed for filing suits and defending actions and other things. So in such situation the power instead of the principal instead of the plaintiff or the defendant the power of attorney is sought to be examined instead of the principal. Whether the evidence of the power of attorney in such a situation is valid or not has arisen for consideration in a few decisions and the question whether a power of attorney holder could represent the principal in a suit filed or to be filed by the principal a reference will have got to be made to order three, order three rule one. This is what order three rule one says. Any appearance, application, act in or to any court required or authorized by law to be made or done by a party in such suit may except where otherwise provided by any other law for the time being enforced be made or done by the party in person. So the party in person can do all these acts or by a recognized agent. So a recognized agent is a power of attorney holder or a pleader appearing, applying or acting as the case may be on his behalf. So therefore a party can either appear himself or he can also appear through a recognized agent or by a pleader. So these are the three situations stated in order three rule one. Then in order three rule two the record for these recognized agents is stated in order three rule two. Person that is the recognized agents of parties by whom such appearance application and acts may be made or done or persons folding power of attorney authorizing them to make and do and do such appearances applications and acts on behalf of such parties. So therefore a power of attorney is a recognized agent of the parties before the court and they can act and do things on behalf of the principal. So the question basically arises is the plaintiff is not examined. The power of attorney holder is examined. Can the power of attorney holder stand in the shoes of the plaintiff and say I am the plaintiff myself. Therefore look into my evidence either to either decree the suit or dismiss the suit. In fact there is some confusion created by the courts by two decisions of the Supreme Court. The first decision that I would like to make a reference is AIR 2005 Supreme Court page 439. This is Janaki Vashodevi Bhojwani versus Indus in the bank limited. See in this case this is what the Supreme Court has said under rule two of order three of CPC to which I have already made a reference to reference. The world act does not include the act of the power of attorney holder to appear as a witness on behalf of a party. So the world act does not include the act of a power of attorney holder to appear as a witness on behalf of a party. Power of attorney holder as a party can appear only as a witness in his personal capacity and whatever knowledge he has about the case he can state on both but he cannot appear as a witness on behalf of the party in the capacity of a party. So this is what it said in this case what happened was the question was whether a particular property was self acquired property or joint family property. So therefore the evidence that was required in the case was what the income of the person in whose name the property was acquired and this particular income was applied for purchase of this particular property. So therefore the court said these are facts which are in the personal knowledge of the party himself about the income how we use that money for purchase of this property. These are things which are exclusively in the personal knowledge of the party and in view of those facts the court said that this man cannot have knowledge about those things. Therefore the evidence of the power of attorney is cannot be considered in view of these facts the supreme court said that the world act does not include deposing on behalf of deposing the power of attorney deposing on behalf of the party. So this this is one decision there is one other decision of the supreme court and it gives a some other different interpretation to order three rule to that is 2013. ACR civil page 503 Kesari Hanuman Gaud versus Anjuman Jahan and others a reference may be made to paragraph 13 of this judgment. In fact this is the court has gone a little further and this is what the court has said. It is a settled legal proposition that the power of attorney holder cannot depose in the place of the principal. So this is what is stated a power of attorney holder cannot depose in the place of the principal provisions of order three rule one and two CPC empower the folder of the power of attorney to act on behalf of the principal. The world acts employed therein is confined only to acts done by the power of attorney holder in the exercise of the power granted to him by virtue of the instrument. The term acts would not include deposing in the place and instead of the principal. In other words if the power of attorney holder has preferred any acts in pursuance of the power of attorney he may depose for principal in respect of such acts but he cannot depose for the principal for acts done by the principal and not by him. Similarly he cannot depose for the principal in respect of a matter as regards which only the principal can have a personal role in respect of which the principal is entitled to be cross examined. So this actually looks as if the power of attorney can depose only in respect of acts done by him in pursuance of the power of attorney and nothing else. This is how this decision reads. Now the first decision which I made a reference was subject to interpretation in two decisions of the Karnataka I quote. In fact the first decision is a decision of justice with Gopal Agodha in ILR 2005 Karnataka page 4370. See in this case what happened was this was a suit for eviction filed by a partnership firm and a power of attorney was executed in favor of a person to file a suit on behalf of the firm and to recover the property. The power of attorney filed the suit. The power of attorney got himself examined. The power of attorney was not cross examined and the suit was ultimately decreed. When the matter came up before the High Court the primary argument was based on the 2005 decision which I made a reference. An argument was built up that the power of attorney has no right to depose on behalf of the principal. Therefore the evidence of the power of attorney has got to be ignored. If the evidence of the power of attorney is ignored there is nothing else for the court on the basis of which the case could have the suit could have been decreed. This is what the court has said. The court says that in Bojwani's case whatever the Supreme Court has said is confined to the facts of the particular case. The court has also further said in fact by making a reference to earlier decision with Supreme Court it is difficult to regard a word, a class or a sentence occurring in a judgment of this court. Diverse from the context as containing a full exposition of law on question when the question did not even fall to be answered by the judgment. So therefore it was a stray sentence of the Supreme Court and it was given only in the fact situation of that particular case and the provisions of law were not entirely discussed and therefore the Supreme Court has not said that the power of attorney cannot be examined at all. And the court said if the evidence given by the power of attorney folder of a party is acceptable and proved the fact as required under the evidence act the same cannot be ignored by the court. In Janaki Vaishwadevi Bojwani's case no statement of law that the GPA folder is not a competent person to examine himself as a witness on behalf of a party on the strength of the authority given to him in the power of attorney by the executant as contained by the defendant's council is laid down by the apex court in that case. So therefore they said the evidence of the power of attorney folder if it should prove the facts that arise for consideration then the evidence of the power of attorney folder could be taken into consideration and the suit can be decreed. In fact in another decision of the Supreme Court Justice Yan Kumar has made a detailed reference to the powers of attorney act order 3 rule 2 and as beautifully analyzed the entire law in year 2006 Karnataka page 31 29. In fact I would read a few portions of the judgment which are very relevant in the for our purpose the primary object of order 3 rule 1 CPC is to enable a party to perform certain acts before the court which you would have been otherwise required to do in person through. Recognize the agent or pleader then the word appearance application a rag in order 3 rule 1 CPC only mean appear make application and take such other necessary steps as may be required to be taken up for the progress of the proceedings. It offers no guidance whatsoever for giving deposition of both as a power of attorney folder on behalf of a party merely because the opposite provision does not deal with evidence or who may testify or depose. It cannot be said that the general power of attorney folder has no power to depose order 3 CPC does not deal with the power of the attorney folder exhaustively. So this was a suit for declaration of title therefore this is how the evidence of the power of attorney is appreciated in a suit for declaration for title of title the plaintiff has to establish his title title cannot be established by his personal knowledge. It has to be established by producing documents which he is climbing title most of the time and register document in so far as documents are concerned section 61 of the evidence act mandates that the contents of the document may be proved either by primary or secondary evidence. Primary evidence means the documentary evidence produced for inspection of the court therefore when a particular fact is to be established by production of documentary evidence there is no scope for leading oral evidence and there is no scope for personal knowledge. What is to be produced is the primary evidence that is the document itself the said evidence can be adduced by the party or by his power of attorney folder production of document marking the document is a physical act which does not need any personal knowledge. Even proof of document is by examining persons who are well versed with the document or by examining attesting witnesses or executant of the document again the personal knowledge of the plaintiff has no role to play. In those circumstances it is open to the plaintiff to examine the power of attorney holder produce the documents to the power of attorney holder folder marks the same and examine witnesses to prove this document. Therefore the contention that the evidence of the power of attorney holder cannot prove the case of the plaintiff in all cases is not correct and it is not the law laid down by the Supreme Court in John A. K. Vaishwadevi Bogwani's case reported in 2005 to ACC 217. In fact that was a case in fact in John A. K. Bhojwani's case evidence was recorded in perseverance of an earlier direction by the Supreme Court. So therefore a reference is also made to the earlier direction in Bhojwani's case if the decision is read very carefully. So therefore the two decisions of the Supreme Court does not lay down any general rule that the power of attorney cannot be examined at all. And those things are made clear in the two decisions of the Karnataka High Court. Then there is one other decision which according to me is not a correct exposition of law and that is contained in 2015. One case is here page 214 Patel Munir Reddy dead by Alars versus Appayur Reddy and others. Here if a reference is made to paragraph 229 of the judgment there is one sentence made passing sentence made by Justice Boudihaal in this case. According in fact referring to this Bhojwani's case according to the principal ANC added is said decision. PWO 1 cannot depose on behalf of the plaintiff about acts done by the principal prior to the execution of the power of attorney. So he says that whatever has been done prior to the examination the power of attorney cannot speak about it at all. This statement of law contained in this decision according to me is not a correct principle of law and therefore and that is my view in this matter. Then there is in fact what the courts are always when whenever a power of attorney is produced before the court. The normal practice is that the power of attorney generally accompanied by an application under order 3, 2 saying that the the plaintiff may be permitted. To prosecute these proceedings through so-and-so as a power as a power of attorney folder the court in a few cases I have found has even dismissed such applications. In fact, a reference to order 3 rule 2 no application is contemplated at all. The power of attorney holder can appear and act before the court on behalf of the principal as a right permission of the court is not required for the for the principal to appear before the court. In fact, they recognize the agents of the parties by whom such appearance application or acts may be made or done or the persons folding a power of attorney. The court permitting a power of attorney folder court's permission is not required. There is no need to make an application order 3 rule 2 you have the power of attorney folder has every right to prosecute the proceedings. In in in all our places, in spite of making these submissions, the judges always insist upon an application being filed. And in fact, in a few cases, the matters are taken to the court in respect of rejection of such applications and the high court has upheld the rejection also. In fact, one such instance is a case reported in 2019 one cases here page 368 and this is a decision of justice. Yes, Sujata. In fact, in this case, what happened was there was a suit for declaration of title and injunction and the controversy was between two women. The plaintiff climbing to be the wife of a particular person and therefore climbing the property and succession. The defendant also climbing property and succession as the wife of the original owner. In in that city a fact situation, the defendant made an application under order 3 rule 2 for permission to prosecute the defense by a through her power of attorney folder. The application was dismissed. And when the matter went to the high court, the high court said the question of the question whether the defendant is the wife of the original owner or not is in a personal knowledge. It cannot be spoken to by the power of attorney holder. Therefore, the rejection of the application under order 3 rule 2 was upheld. So in this the high court should have said the high court cannot say whether the plaintiff should be examined or the power of attorney folder should be examined. The party has every right to where there are admissions in the pleadings. A party may even say I don't want to lead any evidence. The plaintiff may not enter into the witness box. He may examine three or four witnesses and close the case. So the question is whether the evidence available is sufficient to sustain a particular free or not. Whether the plaintiff is examined or not is most of the time inconsequential. Situations arise where something has got to be spoken about the mental condition of a particular party. In such a situation the mental condition of a particular party cannot be spoken to by the power of attorney. In such a situation an adverse inference can be drawn against the party not entering into the witness box. So therefore the court cannot force any party to enter into the witness box. And the on the material available whether the case is proved or not. If something is within the exclusive knowledge of a party and he does not enter into the witness box in such a situation an adverse inference only can be drawn. So what a party can say or what a party cannot say is not material. What is relevant and what should be accepted is what is material in the case. So in this case see the power of attorney that was a case of proof of relationship. See suppose I say the power of attorney folder was a person who had attended the marriage of the defendant with the particular owner. And he had seen the parties living together as abundant wife and he had intimate connection with the family of the original owner. Can he not speak about the relationship from his personal knowledge? So the quality of evidence that would be given by the power of attorney folder cannot be assessed even before he is permitted to appear in the case that cannot be done. Therefore in this case the court erred in upholding rejection of such an application. When a party has a right to be represented by a power of attorney folder that right cannot be deprived of the court by rejection of an application under order 3 rule 2. It was a redundant application. When a redundant application was filed the application should have been automatically allowed without calling for any objections and that is my view in this matter. So therefore these are the situations in which has to how the evidence of a power of attorney folder has got to be examined in the case. Now I come to the question of a lawyer and advocate being an agent of a party. The Vakallat Nama which is presented in the court is nothing but a power of attorney. In fact the first thing that a person who enters the court after completing his legal education is he must first read the terms of the Vakallat and try to find out what is it that he is expected to do in court. I may say that 90 more than 90% of the juniors would have not read the terms of the Vakallat and in fact see when I joined the bar we had our own draft of a Vakallat Nama. In fact in the Vakallat Nama it was very clearly mentioned in our in the Vakallat Nama with which we got printed. It was mentioned that I that is the party saying I undertake to appear before the court on all the dates of hearing without fail. And if I fail to appear on any one of the dates of hearing you are at liberty to retire from the case without issuing a notice to me. So therefore the burden of appearance on each date of hearing would be upon the party. The party cannot say tomorrow that you did not give me a notice of retirement and you have retired without notice to me. In fact this is the care that was taken even in the terms of the power of Vakallat Nama by your seniors. So and therefore we have got to give proper attention to the terms of the Vakallat Nama and understand our responsibility first and then discharge our responsibility. In fact a lawyer is not a mere agent or mere a mouthpiece of the client having regard to the responsibility cast upon him both to the society and also to the court. He has a higher degree of responsibility. He is not a mere mouthpiece of the court. In fact in one of the cases it happened that in a in an eviction matter a lawyer had signed a compromise petition. And the party had not signed the compromise petition agreeing to deliver vacant position the property within a particular period. In that case what had happened was the senior was an advocate the junior was only a pleader who had not enrolled himself as an advocate. So therefore a contention was taken before the High Court and also before the Supreme Court that the junior advocate who had signed the Vakallat Nama was only a pleader who was authorized to plead on behalf of the client and therefore he could not act on behalf of the client and therefore the compromise was invalid. In fact this question is considered at great length and ultimately the power of the Supreme Court the power of the pleader or advocate to sign a compromise petition in the absence of his client was ultimately upheld by the Supreme Court. The court said the world act used in order 3 rule 1 and 2 would enable an advocate or a pleader to compromise a matter even in the absence of the party. And reference has been made to a few decisions of the English courts and specially to Lord Denning which we have always got to keep in mind as to our responsibilities. In fact I read this one passage it is a mistake to suppose that he is a he is the mouthpiece of his client to say what he wants or his tool to do what he directs. He is none of these things he was allegiance to a higher cause it is the cause of truth and justice he must not consciously mistake the facts these are the responsibilities of an advocate. He must not knowingly conceal the truth he must not unjustly make a charge of fraud see these charges are traded without any meaning in the courts by many of the world of fraud is used without any meaning also by several advocates. He must not unjustly make a charge of fraud that is without evidence to support it he must produce all relevant authorities even those that are against him. He must see that his client discloses if he ordered the relevant documents even those that are fatal to his case he must disregard the most specific instructions of his client if they conflict with the duty of the court. What a what a fine way of expression he must disregard the most specific instruction of his client if they conflict with his duty to the court the court which requires a barrister to all this is not a code of law it's a code of honor. If he breaks it he is offending against the rules of the profession and is subject to discipline so this is what is then. Then I would say and this is one I did not give the citation. AIR 1975 Supreme Court page 2202 Jamila Boy versus Shankar Lal in fact this is a decision which every lawyer must read to understand his responsibilities as an advocate what is his responsibility to the client what is his responsibility to the court. And how he should come to how he should conduct himself both in court and out of court. In fact ordinarily in fact referring to a junior ordinarily when a junior reader not enrolled as an advocate in the case and senior advocate in the case appear in the case. It would be an adventurous act exposing himself to great risk on the part of a junior to report a compromise without consulting his senior even assuming that the party was not available. It is right to stress that council should not rush in with a rasi where due care will make them fear to trade that a junior should rarely consent to his own consent on his own when there is a senior in the brief. That a party may validly impugn an act of the compromise by its leader if he is available for consultation but is bypassed the lawyer must be above board especially if she is to agree to an adverse verdict held on the facts of the case that the So therefore the way in which a junior should work and the paramount consideration that the bench and the bar form a noble dynamic partnership geared to the great social goal of administration of justice. Puts the lawyer appearing in the court in a class by himself and compare him can compare him with an ordinary agent may be to lose sight of the lawyer as an engineer of the rule of law in society. Then there is so therefore there are other things in fact this is a decision which should be read by every lawyer in order to correctly understand the duties as a lawyer. Then there is a one other decision reported in 2014 S. A. R. Civil page 909 under order three rule for CPC once the council gets power of attorney or authorization by his clients to appear in a matter. She gets a right to represent in a court and conduct the case on his behalf. If a power of attorney folder can enter into an agreement or compromise on behalf of his principal, the council possessed of the requisite authorization by Vakala Tnama to act on behalf of his client is competent to put his signature to the terms of the compromise upon which the decree is passed. The authority to compromise is expressly given under order three rule one CPC. So this is one thing which has got which we have got to keep in mind while getting matters compromised before court. Then see when does the Vakala come to an end. See when I'll see in fact if your if some other lawyer wants to appear, can he appear when the other advocate is already on record and what should be the procedure to be followed. Those things are made clear in one decision of the Karnataka I court reported in 2020 to Karnataka Lajeminal page one set. So you can retire only with the leave of the court that is important. Normally leave is granted only when the party is notified of the retirement by the advocate. So therefore the normal practice is if the client is not before court send an application, send a notice to him of retirement by registered post acknowledgement due. And after the acknowledgement is received file an application before the court for permission to retire on the ground that you have no instructions on the party is not appearing. And that's what you and when some other lawyer is engaged the some the the other lawyer cannot file Vakala over the shoulder of the earlier lawyer and then conduct the case. The procedure is made clear in this decision 2020 to Karnataka Lajeminal page 176. Now so long as the appointment of an advocate is in force, no other advocate can file Vakala without the consent of the advocate who is already on record. Even if another advocate files Vakala with no objection from the advocate who had filed Vakala, the appointment of the earlier advocate also continues to be in force unless determined with the leave of the court as provided in order to sub rule 2 of rule 4 of order 3. So therefore the either the consent must be obtained of the previous advocate or the other advocate should retire from the case then only the subsequent advocate can appear. And this there was some confusion caused in the earlier judgments and therefore this was settled by a division bench decision of the Karnataka High Court. Then there is only one other aspect about which I would like to draw your attention. That is suppose a power of attorney is executed. It is also filed before the court. Either the power of attorney is made use of for execution of a document in fair of the plaintiff and this power of attorney which is produced into court is denied by the other side. What should happen? In such a situation the power of attorney is like any other document. It has got to be proved under section 67 of the Indian Evidence Act. There is the court gives one presumption in respect of a power of attorney under section 85 of the Indian Evidence Act. So therefore I read section 85 the court shall presume that every document purporting to be a power of attorney and to have been executed before and authenticated by a notary public. This is what is important. Executed before and authenticated by a notary public or any court judge magistrate counsel or vice counsel or representative of central government was so executed and authenticated. If the power of attorney produced is executed and authenticated normally either before a judge or a notary public then in such a situation the court shall presume that it has been so executed and authenticated. So where in fact merely saying the power of attorney saying executed before me is not sufficient. He has got to execute and also authenticated. So therefore the specific endorsement that is required to be made on the power of attorney is that he has document is executed in his presence and he has authenticated his signature. So such an endorsement must be made on the power of attorney. If such an endorsement is contained on the power of attorney then there is a it is not a rebuttable presumption. It is an absolute presumption. The court shall presume that every power of attorney is executed and authenticated. Therefore it is always better that whenever a power of attorney is not registered it is better to have it executed and authenticated before a notary public and get it properly noted by the notary public with regard to its execution and the authentication. Then it carries a presumption under section 85 of the Indian Evidence Act and therefore proof of such power of attorney could not be required. In fact there is one decision of the Karnataka High Court where this question is considered though the document was executed before a power of attorney the presumption was not raised. And why that presumption was not raised is because the power of attorney folder on the face of the power of attorney it was a forged power of attorney. So this is what the court says in fact that was a case where the power of attorney folder himself has filed the suit. A contention was taken that the power of attorney folder was not authorized to file the suit and therefore the suit itself was incompetent. This is what the I make a reference to a few observations of the court. The power of attorney folder's name is Ishwar Sindhe. The original document was made available to me. It is Exhibit P2. It is dated 15 to 1996. The power of attorney folder is signed on 15 to 1956. But the stamp paper seems to have been purchased on 15 to 1996. A look of original exhibit P2 would show that the stamp paper did not bear the license number of the stamp vendor in question. It is seen that the power of attorney folder has not signed at pages one, two and three. Though there is seal of the notary, there is no signature or initials of Sri Sangameshwar. A notary in the case on hand, it is seen that there is no identification of the signature of the executant. There is also no acceptable endorsement that the notary was satisfied with regard to the identity of the executant. There is also no date by the notary with these prima facie deficient material available on record with regard to the document. Let me see the record also. So, therefore, the power of attorney on the face of it was not executed or authenticated by a notary. In fact, the notary's contention was taken that the notary's signature was also forced. Therefore, the court is what the court stated at paragraph 23 of the judgment. In the light of these judgments, what is clear to this court is that to have a presumption under section 85 of the evidence act, the document in question namely the power of attorney has to be to the satisfaction of the court in regard to the maintainability. So, therefore, it falls that the power of attorney itself is forced and therefore it cannot be relied upon. And therefore, I have tried to place before you a few thoughts in respect of the validity and enforceability of a power of attorney and its execution. And the power of attorney very often looks to be a very innocuous document which is not of much value. When these questions come up before the court, we know how valuable a power of attorney is. How effectively it can defeat the rights of the parties. Therefore, to care and caution must always be taken in the execution of the power of attorney. And in the terms of the power of attorney and especially in cases where it has got to be shown that the power of attorney was coupled with interest. Extra care and caution should be taken. So, thank you very much. With these thoughts, I close my lecture. I thank Vikas Chhatrat. You have given me an opportunity in the galaxy of various legal luminaries. A candlelight in a remote place is given an opportunity to present his views. Thank you. Thank you all. Thank you very much. Since we have taken a session comparatively on a working day long, I was thinking that we can frame certain questions or we can ask certain questions and we will take a session separately on the questions itself or the important questions which are there. The questions may not take much time. If those questions are taken, I may finish it right now. That may be more appropriate. Whether registered sale deed executed through power of attorney is valid or not? A registered sale deed executed through a power of attorney is absolutely valid and there cannot be any doubt about it. If wife executes a GPA in favor of husband's brother to sell a property, will it attract stamp duty? If the wife has executed a power of attorney in favor of whom? Husband's brother. If it is executed in favor of the husband's brother, the power of attorney will have to be stamped like a conveyance. And whatever duty is paid on the power of attorney, that will be deducted in the stamp duty payable on the sale deed. Can mutation entries be allowed by recording authorities? By recording authorities in favor of attorney holder by virtue of registered agreement of sale, coupled with the GPA where possession is delivered and total concentration is paid. If all these things are done, the interest in property is not transferred. In fact, this is made very clear by Justice Revin in that Suraj Lamp's case, though there is a registered power of attorney. An agreement for sale and possession is delivered. The person in fool's favor, all these documents are executed. He does not get a right in the property and therefore he has no right to get mutations done in his favor. Can a partner of a partnership firm execute GPA and its validity? A partner of a partnership firm can execute a GPA. There should not be any difficulty. And he can participate in the business of the partnership as a power of attorney folder of one of the partners. There is no prohibition either in the power of attorney act or in the contract. Is there any time period for which the GPA can be held to be valid? If time is not mentioned in the power of attorney, the power of attorney is valid as long as it is not terminated by the principal. And it is possible in certain power of attorney, it is to get automatically gets terminated on the expiry of a particular period. If that period has expired, the power of attorney automatically gets terminated. Yes, you have already answered how GPA can be revoked after the death of the principal. Can legal hairs get revoked? See, if the power of attorney is given and the principal dies in such a case, the power of attorney automatically gets revoked. Therefore, there is no need for the legal hairs to take any steps for avoiding the power of attorney. Question arises where the power of attorney holder has an interest in the property which is the subject matter of the power of attorney. In such a case, the power of attorney does not get terminated on the death of the principal. And therefore, in such a situation, if the LRs want to avoid the power of attorney for any reason, they have got to take up separate proceedings. It says power of attorney should be registered for transfer of property or not? See, if it is for transfer of property, both for execution of a sale deed and also presenting it for registration, there is no need for getting the power of attorney registered. If it is only for the purpose of registering the document, the original document is signed by the owner. The power of attorney folder is authorized to register the sale deed only. In such a situation, the power of attorney need not be registered. The power of attorney needs to be executed and authenticated by the registrar or sub-register. With infuse jurisdiction, the executant ordinarily recites. YouTube questions we have already taken. If power attorney is obtained for development of land and converting into a NA plots, and if power attorney has also the provision to sell land and subsequently the land is sold and the land owner is not aware of the transaction, neither any constitution is paid. Can the land owner get the sale deed set aside? See, if the power of attorney folder is authorized to sell the plots and the power of attorney folder acts bona fide and in exercise of the power, he has sold the flats. Then the owner cannot, the owner of the property cannot charge it. If for any reason the power of attorney folder has executed sale deed to defraud the owner. In such a situation, it is possible for the owner to take steps in the regard and avoid the sale deed. Suppose nominal sale deeds are executed for a nominal price in favor of some of his relatives and change the entire plot of land. It is absolute fraud. If fraud is involved, then in such a situation, it is possible to get the sale deed set aside and not otherwise. Is mere notice sufficient to terminate a power of attorney which is registered under the registration app? If it is registered, see whether a power of attorney is registered or not is of no consequence as far as the termination is concerned. A registered power of attorney can be terminated by issue of an ordinary notice of termination. There is no prohibition. Can a seller give a special power of attorney to buy or to register the sale deed as the seller is not available to be present in the front of the registrar? He can certainly execute a power of attorney but it should comply with the requirements of section 33 of the Indian Registration Act. Thank you, sir. As you rightly said that we have taken the question in a very short form, in a short manner. Right. Yeah. And tomorrow, friends, we will be having a session, the part two of unlocking of the shareholders litigation in easy steps while interactive session. Part two by Mr. Ajit Nandilike from Karnataka High Court. Those take connected with us tomorrow at 5 p.m. And sir, you have enumerated and enumerated both the position under the SPA as well as the GPA in the most lucid form. And as I was just seeing and on the YouTube itself, it's quite a mega head, more than 1000 users are already there. So and I'm quite sure like what you said, as normally they say the power of attorney flows from the power in which it has been written. Each word of the power attorney has its own power while illustrating it while understanding it and having its connotations and legal implications. So one has to be very, very cautious regarding what one intended and what actually was the content in that respect. Everyone stay safe, stay blessed. Those who have missed our webinars can like, subscribe, share and comment on the channel or beyond law. This session is already available on the Beyond Laws YouTube channel. Thank you, everyone. Stay safe, stay blessed. And Mr. Rao, it was a pleasure though we waited a long time because of the testing times. But as they say, all sweet things always take time. Thank you very much, sir. Thank you very much.