Sale deed by spa holder

As per the definition of the act, Powers of Attorney  includes any instrument empowering a specified person to act for and in the name of the person executing it

sub - section (21) of section 2 of ' The Indian Stamp Act, 1899'defines the term as under:

'Power of Attorney'  includes any instrument (not chargeable with a fee under the law relating to Court fees for the time being in force) empowering a specified person to act for and in the name of the person executing it.'

The word ' includes' in the definition clause is generally intended to widen  the measuing of expression  beyond its ordinary limits.

The use of the words ' for and in the name of the Person' in the definition clause clearly indicate that a special  authorisation  is necessary for the attorney to use the principal's name over and above the authority to act on his behalf. Therefore, a mere authority to act on behalf of another is not sufficient to constitute Power of attorney.

Sale is the most important mode by which a transfer of property is effected once and for all to another person. In respect of transfers like mortgage and lease, and ownership continues to vest with the transferor and he can get back the property so transferred. It is only in the case of Sale and gift, the property permanently ceases to be that of the transferor and vets in the transferee.  That is why Sale is described as a  transfer of ownership for a price paid or promised or part paid and part promised. In Sale, where the transaction is completed, the property vests in the transferee even though the consideration is not paid. 

It is seen from Section 64 that ownership gets transferred in a transaction of Sale, in exchange for a price. The presence of money consideration is therefore held to be an essential element in a transaction of sale.