Presumption as to power-of-attorney
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Summary
When a document appears to be a power of attorney and shows execution before and authentication by a Notary Public, any court, Judge, Magistrate, Indian Consul or Vice-Consul, or a Central Government representative, the court will presume it was properly executed and authenticated. That presumption stands unless evidence is produced to rebut it.
Example
Priya signs a power of attorney and a Notary Public certifies it. When the matter comes to court, the court will presume the document was properly executed and authenticated, so the person challenging it must produce evidence to disprove that presumption.
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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