Section 84 of BSA : Section 84: Presumption as to powers-of-attorney.

BSA

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Explanation using Example

Example 1:

Ravi, a businessman based in Mumbai, needs to manage some property transactions in Delhi but cannot travel due to his busy schedule. He decides to give a power-of-attorney to his trusted friend, Suresh, to handle these transactions on his behalf. Ravi goes to a Notary Public in Mumbai, signs the power-of-attorney document, and gets it authenticated by the Notary Public. Later, when Suresh presents this document in a Delhi court to prove his authority to act on Ravi's behalf, the court presumes that the power-of-attorney is valid and was properly executed and authenticated, as per Section 84 of The Bharatiya Sakshya Adhiniyam 2023.

Example 2:

Priya, who lives in Chennai, plans to sell her ancestral property in Kolkata. Since she cannot travel to Kolkata frequently, she gives a power-of-attorney to her cousin, Anil, who resides in Kolkata. Priya executes the power-of-attorney document in front of a Magistrate in Chennai, who then authenticates it. When Anil uses this document to negotiate and finalize the sale of the property in Kolkata, the buyers and the local authorities accept the document without questioning its validity, relying on the presumption under Section 84 of The Bharatiya Sakshya Adhiniyam 2023 that it was properly executed and authenticated.

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