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Recovery Procedure in Cheque Bounce Cases
by: Adv. Kishan Dutt Kalaskar 2021-08-05 08:29:16
by: Adv. Kishan Dutt Kalaskar 2021-08-05 08:29:16
by: Adv. Kishan Dutt Kalaskar 2021-07-26 11:08:00
by: Adv. Latha Anand 2021-07-20 13:54:02
by: Adv. Kishan Dutt Kalaskar 2021-07-05 12:35:50
by: Admin 2021-06-30 07:33:33
by: Adv. Latha Anand 2021-06-21 13:17:46
Recovery Procedure in Cheque Bounce Cases
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Rafale Deal And All About The Controversy
By: admin
Date:12 February 2020
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Likes:0A legal document which gives the person (agent) the power to act for another person (the principal) is known as Power of Attorney. The authority of an agent has the limited authority or legal authority to make the decisions for the principal's property, his/her medical care or finances. A power of attorney is generally used in the event of an illness or disability of the principal, or when the principal cannot be present to sign necessary legal documents for financial transactions.
A Power of Attorney (POA) is a crucial document listing the powers that a person wants to share with the POA holder. It is primarily used by Non-Resident Indians to manage or direct their property by authorizing another person known as the agent to act in their absence on their behalf.
The purpose of having a POA simplifies decision making in the absence of the valid owner, thereby minimizing security concerns. Moreover, POA is an essential part of property planning. It is convenient to have the other person to action behalf of the principal in the development of business and transactions.
A power of attorney deed is a most commonly used document which authorizes the Attorney (power of attorney holder) to acts on behalf of the Principal. The principal has a right to decide what powers he wants to share with the attorney and the acts which are done by an agent or attorney be considered as done by the principle.
Procedure to Register Power of Attorney
Revocation of Power of Attorney
The principal has a right to terminate the power of attorney whenever he will to do so. The terms and conditions for the revocation of power of attorney are specified in section 201 of the Indian Contract Act, 1872. It is necessary to mention about the revocation of a Power of Attorney explicitly in the agreement. The principal can mention the date of expiration in order to misuse the powers handed to the Attorney.
In case of the Specific Power of Attorney, it expires after the specific task allotted to the attorney is done.
Conditions for Revocation of Power of Attorney
The following are the conditions for revocation of power of attorney:
How to execute a Power of Attorney from Abroad
Legalization: In this case, the signatures of the judge or notary before whom the POA is executed are required to be verified by the duly certified representative of the Indian Embassy. It is not necessary to stamp the POA at the time of execution. However, it should be stamped within three months from the date of receipt of the POA in India. The Stamp duty is payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, in his case, when the document is presented for the registration in India.
Apostalisation: The POA executed outside India are proven through the process known as apostalisation, which is governed under the provisions of Hague Convention, 1961. The process is also known as super legalisation. It is a certificate which verifies and confirms the seal/signature of the person who authenticates the document. It is essential to comply that POA is as per the Indian laws such as the Power of Attorney Act, 1882 and Indian Registration Act, 1908. The stamp duty should be paid.
Payment of Stamp Duty
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