Report No. 68

Chapter 5

Married Women

Section 5

5.1. Section 5, relating to married women's power to execute a power of attorney, was not contained in the original Bill of 1881. It was added later in pursuance of the following observations which Mr. Stokes made while introducing the Bill:

"It might also be worthwhile to declare (in accordance with section 40 of that statute)1, that married women, whether minors or not should have power to appoint attorneys on their behalf for the purpose of executing a deed or doing any other act which they might themselves execute or do. The matter would be considered by the Select Committee2.

1. Conveyancing Act, 1881 (44 & 45 Vic., c. 41), s. 40. Later section 129 L.P. Act 1925 repealed 1971.

2. See Gazette of India, December 17, 1881, Supplementary, page 1413.

5.2. As has been pointed out1, section 5 of the Act is quite general in its terms and there is nothing which limits the generality. The section, in so far as it expressly permits married women to create a power, overrides section 183, Indian" Contract Act, under which only a person who is of the age of majority etc. can employ an agent.

1. Chinnammi v. Venkayya, A.I.R. 1933 Mad. 407, 409 (Pandalai, J.) (Upholding the validity of a power executed by a Hindu minor married women in favour of her husband and authorising him to apply under section 73, Registration Act).

5.3. It may be noted that, but for such a provision, a minor cannot execute a power of attorney1.

1. Bowstead on Agency, Tenth Edition, page 14, Article 6, footnote (o). 14