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The Powers-of Attorney Act, 1882

Subject: General Law

Updated:

Study material for The Powers-of Attorney Act, 1882

THE POWERS-OF-ATTORNEY ACT, 1882

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THE POWERS-OF-ATTORNEY ACT, 1882 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Payment by attorney under power, without notice of death, etc., good. Deposit of original instruments creating powers-of-attorney. Power-of-attorney of married women.

THE POWERS-OF-ATTORNEY ACT, 1882

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Section 1 — Short title

Section 1A — Definition

Section 2 — Execution under power-of-attorney

Section 3 — Payment by attorney under power, without notice of death, etc., good

Section 4 — Deposit of original instruments creating powers-of-attorney

THE POWERS-OF-ATTORNEY ACT, 1882 1 ACT NO. 7 OF 1882 [24th February, 1882.] An Act to amend the law relating to Powers-of-Attorney. For the purpose of amending the law relating to Powers -of-Attorney. Short title.—This Act may be called the Powers-of-Attorney Act, 1882. This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force. Deposit of original instruments creating powers-of-attorney.— (a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High 9 Court [or District Court] within the local limits of whose jurisdiction the instrument may be. (b) A separate file of instruments so deposited shall be kept; and any person May search that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request.

(c) A copy of an instrument so deposited may be presented at the office and may be stamped

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Section 5 — Power-of-attorney of married women

Section 6 — [Act 28 of 1866, section 39 repealed

(c) A copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient 1 evidence of the contents of the instrument and of the dep osit thereof in the High Court [or District Court]. (e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b) and (c). 2 * * * * * (g) This section applies to instruments creating powers-of-attorney executed either before or after this Act comes into force. Power-of-attorney of married women.— [A married woman of full age shall, by virtue of this Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of- attorney, shall apply thereto. This section applies only to instruments executed after this Act comes into force. 6. [Act 28 of 1866, section 39 repealed.] Rep. by the Amending Act, 1891 (12 of 1891), s. 2 and the First Schedule. ________ 1.