domestic violence act

bcnair (Querist) 16 October 2016 This query is : Resolved
Whether witnessrs are required on the power of attorney attested by a Notary public.

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bcnair (Querist) 16 October 2016
Whether witnesses are required in the power of attorney attested by a Notary public for Domestic violence case

Devajyoti Barman (Expert) 16 October 2016
query is not clear. clarify your point .

Rajendra K Goyal (Expert) 16 October 2016
Academic query, state material facts of the problem if any.

bcnair (Querist) 16 October 2016
A principal had executed a power of attorney which was attested by a Notary public in a domestic violence case . No witneses are signedonthe diument.It was objected that witnesses are required in the above document. My querry is when anrxecutant signs before aNotary public he himself witness it and hence no further witnesses are required.
Pl advice whether witnesses are required on a power of attorney filed in a domestic violence case which was attested by a Notary public? and (2) what are the legal formalities for a valid power of attorney?

Devajyoti Barman (Expert) 16 October 2016
Signing of witness in POA is optional and not mandatory.

Guest (Expert) 16 October 2016
The Person who executes Power of attorney should be Mentally Competent while signing it and which Makes it signing Of witnesses mandatory.Even while Documents Were Registered in Registrar Offices the witnesses are mandatory Irrespective of whether it was Attested by an Notary Public Or Not.

bcnair (Querist) 16 October 2016
Will u pl. Inform me any of ruling

Guest (Expert) 16 October 2016
You are Still to read my Reply i think.

Ms.Usha Kapoor (Expert) 17 October 2016
.Agree with expert Mr.Raj Kumar.

Rajendra K Goyal (Expert) 17 October 2016
ruling / Judgment / reference cases / citation / decided cases not provided / supplied in this section.

Devajyoti Barman (Expert) 17 October 2016
Well, I disagree with Mr Rajukumar on the point of singing of witness in POA.
Signing of witness does not automatically make the principal fit for execution of POA as suggested by mr Rajkumar.In other words witness is not at all required for execution of POA. If one refer to the Chapter-X of Indian Contract Act then he would be clarified on this.
Only in those documents which are to be attested by witness like in Will, signing og witness is mandatory.
This does not change even if the POA is registered or notarised.
Even in registered sale deed signing of witness is not mandatory.

For decisions make your own effort as I do not provide citations here.

Guest (Expert) 17 October 2016
Practically Speaking Whether some one could Sue for Rejecting the POA with out witnesses Or Whether we should Plead them to Read your referred Chapter.What would be the Result ? No one can Over Rule the Consent of Courts. An Appeal would be the Remedy and When the Matter would End and in Whose Favour God Only Knows. Visit any Registrar office whether they would accept any Registration of Documents with out witnesses including for POA.Differing and Disagreeing is Different I Welcome.But what is the Real and Practical solution Just Obey the Court's Requirement Or Court order.Any how How was your Trip abroad Mr.Devajyoti Barman Ji.

Rajendra K Goyal (Expert) 17 October 2016
Witness on POA before notary is not mandatory, it would be better if there is witness.

Guest (Expert) 17 October 2016
Sooner the Lawyers from abroad are Likely to be Allowed to Practice in India and Please refer Oaths Affidavits and statutory Declaration Act 2005 of Witness in Western Australia.

P. Venu (Expert) 17 October 2016
What is the relevance of a Power of Attorney in a DV case!

Ms.Usha Kapoor (Expert) 18 October 2016
POA requires witness signatures. It is mandatory.

Guest (Expert) 18 October 2016
Academic query, still well advised.

Guest (Expert) 18 October 2016
I request my Seniors to Explain How to differentiate between the Real query and academic Query Otherwise Let them Declare that all their Replies Only to Real Query And in Which Case they would have Ignored this Query..Whether the Query is Academic or Real the members who had replied would be Satisfied if it serves the Purpose of Needy.Avoid Such insulting Comment that too being a Senior in all aspects.

Guest (Expert) 18 October 2016
Is there any thing Wrong in attending even if it is Academic query.If you have any Legally Valid correction you could have made it.When you do Not have any such Valid Reply/comments just avoid the Comment Like academic. Reply with any Valid Justification/ Corrections if you have and dont just post as Academic.Even if it is Academic I prefer to attend Please.

Rajendra K Goyal (Expert) 18 October 2016
This section is for needy litigants to get guidance, for academic discussion query need to be posted in forum section.

Guest (Expert) 19 October 2016
Please Refer My reply and Post the guidance and Further Is there any Restriction Or Guide Line Or Rule Here that Academic Query Not to be Posted here Please.

Guest (Expert) 19 October 2016
No restriction for anyone who relish replying academic queries and subsequent supplementary questions if the author does not find suitable solution to his law school exercise or to harm his opponent, if replied in the absence of the background/history of the case.

Rajendra K Goyal (Expert) 20 October 2016
Agree with the expert P.S. Dhingra.

domestic violence act

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