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Q.

Can a Minor Give Power of Attorney?

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Summary
A minor cannot give Power of Attorney in India as POA is a legal contract, and minors cannot enter contracts under the Indian Contract Act, 1872. A guardian (parent or court-appointed) manages the minor’s matters instead. Once the minor turns 18, they can legally execute a POA.

No, a minor cannot give Power of Attorney (POA) in India because a POA is a legal contract, and the law does not allow minors to enter into valid contracts;

  1. According to Section 11 of the Indian Contract Act, 1872, a person must be at least 18 years old (or 21 in certain guardianship situations) to be eligible to enter into a contract.

  2. A Power of Attorney is an agreement between the principal and the agent, and thus a minor cannot legally create one.

  3. A POA gives legal authority to another person to act on your behalf in matters like: Property transactions, Banking, Legal representation, Financial decisions. Because these actions involve legal responsibility, the law does not allow minors to delegate such authority.

  4. When a minor’s assets or matters require management, the law offers a remedy: A natural guardian (mother or father), A guardian assigned by the court in accordance with the Guardians and Wards Act of 1890 can represent the minor.

  5. In this situation, the guardian acts in the minor’s best interest, not via a POA, but rather through their legal rights of guardianship.

  6. For selling, mortgaging, or leasing a minor’s property, the guardian must take court permission. This ensures the minor’s assets are protected from misuse.

  7. Once the minor turns 18 years old, they can legally execute a Power of Attorney. At that point : The POA becomes valid, They can appoint anyone they trust as their agent, The document can be registered if it involves immovable property.

Under Indian law, a minor is not permitted to grant Power of Attorney; however, their matters can be legally handled by a guardian under court supervision when necessary. This safeguards the rights and assets of the minor until they reach legal adulthood. 

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