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Power of Attorney Act, 1882 Syllabus, Exam Pattern
Power of Attorney Act, 1882 Syllabus, Exam Pattern
Power of Attorney Act, 1882 Syllabus :Power of Attorney Act, 1882
Chapter I: Preliminary & Statutory Provisions
1. Introduction: Concept of Agency and the "Donor-Donee" relationship.
2. Section 1: Short title, extent, and commencement.
3. Section 2: Execution under Power-of-Attorney:
Legal validity of acts done by the attorney in their own name.
4. Section 3: Payment by Attorney without Notice of Death:
Protection of the attorney for acts done in good faith after the death/insanity of the donor.
5. Section 4: Deposit of Original Instruments:
Procedure for depositing PoA in the High Court or District Court.
Certified copies as evidence.
6. Section 5: Power-of-Attorney of Married Women:
Ability of married women to execute a PoA (regardless of being a minor in some contexts).
Chapter II: Classifications & Types (Practical Exam Focus)
1. General Power of Attorney (GPA): Scope and broad powers.
2. Special Power of Attorney (SPA): Specific acts and restricted authority.
3. Durable Power of Attorney: Concept and validity in India.
4. Irrevocable Power of Attorney:
Section 202 of the Indian Contract Act (Agency coupled with interest).
Chapter III: Registration, Stamp Duty & Formalities
1. Authentication vs. Registration:
Role of the Notary Public and Magistrate.
2. Section 17 & 18 of the Registration Act, 1908:
When is registration mandatory? (e.g., PoA for sale of immovable property).
3. The Indian Stamp Act, 1899:
Admissibility of PoA in evidence based on proper stamping.
4. Presumption of Validity:
Section 85 of the Indian Evidence Act, 1872.
Chapter IV: Revocation & Termination
1. Modes of Revocation: By act of parties or operation of law.
2. Termination by Death, Insanity, or Insolvency.
3. Notice of Revocation: Importance of public notice to prevent third-party liability.
Chapter V: Judicial Interpretations & Case Laws
1. Landmark Judgments:
Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (PoA cannot transfer title in immovable property).
State of Rajasthan v. Basant Nahata (Public policy and irrevocable PoA).
2. Liability of the Principal for the Acts of the Attorney.
Power of Attorney Act, 1882 Exam Pattern
Duration : 120 Minutes
No.of Question : 100
Total Marks : 100
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