Power of Attorney when Recognizable

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Power of Attorney when Recognizable

Unread postby Admin » Thu Sep 27, 2012 8:15 pm

Powers-of-attorney recognizable for purposes of Section 3

(1) For the purposes of Section 32, the following power-of-attorney shall alone be recognised, namely:-

(a) if the principal at the time of executing the power-of-attorney resides in any part of Pakistan in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides ;

(b) if the principal at the time aforesaid resides in any other part of Pakistan a power of attorney executed before and authenticated by any Magistrate.

(c) if the principal at the time aforesaid does not reside in Pakistan, power-of-attorney executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Pakistan Counsal or Vice-Consul, or representative of the Federal Government:

Provided that the following persons shall not be required to attend at any registration-officer or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely: -

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend ;
(ii) persons who are in jail under civil or criminal process ; and
(iii) persons exempt by law from personal appearance in Court.

(2) In the case of every such person the Registrar or Sub-Registrar of Magistrate, as the case may be, 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 officer or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar of Sub-Registrar or Magistrate may either himself go to the house of the person/purporting to be the principal, or the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) 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 it to have been executed before an authenticated by the person or Court hereinbefore mentioned in that behalf.
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