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Q.

Can 2 People Be Power of Attorney?

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Yes, two people can be appointed as Power of Attorney (PoA) agents for the same principal in India, but it must be drafted carefully to avoid conflicts and ensure enforceability. There is no statutory prohibition in Indian law against giving Powers of Attorney to more than one person at the same time.

  • The Powers-of-Attorney Act, 1882 and related legal commentary recognise that a principal may appoint multiple attorneys to act on their behalf.

  • When a Power of Attorney is executed in favour of two or more people, drafting should clearly state whether they are to act jointly (together) or severally (individually).

  • If the document is silent on this point, the default position in many legal interpretations is that the attorneys must act jointly meaning both must agree and sign for any act taken under the PoA.

  • Indian law does not explicitly bar appointing multiple attorneys under the same PoA. There’s no legal restriction on the number of persons who can be given authority under one instrument, as long as the instrument is validly executed.

  • The deed should expressly mention whether the two agents will act together (jointly) or independently (severally). Without this, courts or third parties (e.g., banks) may presume joint authority, which can cause delays or rejection of transactions.

If both attorneys have broad powers, disagreements between them can stall transactions, especially in property dealings, unless the PoA clearly empowers them to act individually. Alternatively, a principal may execute separate PoA instruments in favour of each person, specifying their roles to avoid ambiguity. This is all about can 2 people be power of attorney.

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