Presumption as to powersof-attorney
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Summary
When a document purports to be a power-of-attorney and shows execution or authentication before a Notary Public, court, judge, magistrate, Indian Consul, Vice-Consul, or a representative of the Central Government, the court will presume it was so executed and authenticated. That presumption treats the document as prima facie valid, shifting the burden to anyone who wishes to prove it false.
Example
Priya signs a power-of-attorney authorising Aditya and gets it notarised by a Notary Public. If later someone disputes Aditya's authority and the matter goes to court, the court will presume the POA was duly executed and authenticated, so the challenger must prove otherwise.
Bare Act
Enacted textThe 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, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.
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