Presumption as to powers-of-attorney.

What this section does

The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before and authenticated by a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was indeed so executed and authenticated. This is a mandatory presumption that dispenses with further proof of execution.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Court must presume due execution and authentication of a power-of-attorney authenticated by a notary or specified official.

When it applies

• A power-of-attorney purporting to be notarised before an Indian Consul in London is presumed to have been duly executed and authenticated without calling the Consul as a witness.
• A power-of-attorney authenticated before a Magistrate is tendered in a property transaction dispute — the court presumes its due execution.

Derived from IEA s.85.