Vidhi Codex

section 11

Powers-of-attorney

The Land Records Maintenance Act, 1895
General189536 sections4 chapters
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Part II Part II

Statutory text
  1. (1) For the purposes of the last preceding section, the powers-of-attorney here mentioned shall alone be recognized—
    • (a) if the principal at the time of executing the power-of-attorney resides in [a Part A State or a Part C State], a power-of-attorney executed before and authenticated by any Magistrate or the Registrar or Sub-Registrar appointed under section 6 of the Indian Registration Act, [1908], within whose district or sub-district the principal resides :
    • (b) if the principal at the time aforesaid does not reside in [a Part A State or a Part C State], a power-of-attorney executed before and authenticated by a notary public, or any Court, Judge, Magistrate, [Indian Consul] or Vice-Consul or representative * * * * of the [Central Government] : Provided that the following persons shall not be required to attend at any office or Court for the purpose of executing any such power-of-attorney as is mentioned in clause
    • (a) of this section :— persons exempt by law from personal appearance in Court ; persons who by reason of bodily infirmity are unable, without risk or serious inconvenience, so to attend ; and persons who are in jail under Civil or Criminal process.
  2. (2) In every such case the officer, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court. To obtain evidence as to the voluntary nature of the execution the officer may go to the person purporting to be the principal and examine him or issue a commission for his examination. Any power-of-attorney mentioned in this section may be proved by the production of it without further proof, when it purports on the face of it to have been executed before and authenticated by the officer hereinbefore mentioned in that behalf.

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