Report No. 68
Attestation and presumptions regarding attested powers
6.1. We now come to the topic of authentication of powers-of-attorney. Under section 3 of the Notaries Act1, the Central Government in the whole or any part of India, and any State Government in the whole or any part of the State, has power to appoint, as Notary a legal practitioner or other person who possesses the prescribed qualifications. Under section 8(1) (a) of that Act, one of the functions of a notary is to verify, authenticate, certify or attest the execution of any "document". Under section 7, a notary is bound to have and use a seal.
Under section 85 of the Indian Evidence Act, 1872, 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 or any court, Judge, Magistrate, Indian Consul or Vice Consul or representative of the Central Government, was so executed and authenticated. Under section 57(6) and (7) of that Act, the seals of Notary Public are taken judicial notice of. The provisions of the Registration Act will be noted late2.
1. Notaries Act, 1952 (53 of 1952).
2. Sections 32-33, Indian Registration Act, 1908, infra. 16