Power of attorney

Dear Querist,

Depending upon the authority, a POA may be oral or in writing (depending upon the situation). Many institutions require power of attorney to be in writing and they usually keep the photocopy of the original for their records. 

But relying on the judgements of the High Court of Andhra Pradesh in Pidikiti Sasikala v. Kothamasu Lakshmi Mohan Rao @ Mohan Rao and others and Judgment of the Hon’ble Supreme Court of India in Lakshmi and another v. Chinnammal Alias Rayyammal and others. The Court went on to state that the signature of an affidavit before the HC was not of the respondent but rather her husband and the contention that the husband was given oral power of attorney has no water in the eyes of law. The Power of attorney must be in writing only, the court stated. Furthermore, the husband of the respondent signing the affidavit before the HC amounts to perjury and is a punishable offence. The court however noticed the fact that no prudent person will try to commit perjury before the High Court.

Regards,

Palak