Malik: Law Relating to Power of Attorney, 5th Ed | 2025

According to the Legal Glossary (2001 Edition, p. 253), "Power of Attorney" is defined as a formal instrument through which one person authorizes another to act on their behalf for specific purposes. Similarly, Longman’s American Dictionary (p. 1126) defines "Power of Attorney" as the legal authority to perform actions for another person in their personal or business matters, or the document granting this authority.

It is well-established in law that any action performed by an agent under the authority of a Power of Attorney is not considered as an action taken in the agent's personal capacity. Instead, it is always regarded as an action carried out by the principal. Consequently, an agent does not derive any personal benefit from acts performed under a Power of Attorney.

The grant of a Power of Attorney is primarily governed by Chapter X of the Indian Contract Act. A Power of Attorney formally appoints an agent to act on behalf of the principal in one or more transactions. According to Section 2 of the Power of Attorney Act, 1882, the holder of a Power of Attorney may execute instruments or perform acts in their own name, using their signature and seal if required. These actions, when authorized by the donor, are legally treated as though performed by the donor themselves. This provision applies to powers of attorney created through instruments executed both before and after the Act came into force.

This edition reflects the dedicated efforts and expertise of a renowned author who has meticulously updated the book to include recent amendments and judicial pronouncements. Relevant courtroom developments have been thoughtfully incorporated for easy reference. A comprehensive Table of Cases and Subject Index further enhance the book's utility.

This work is expected to be a valuable resource for the Bench, Bar, and anyone dealing with this branch of law, addressing their needs with accuracy and thoroughness.