Friday, 30 October, 2009

Power-of-Attorney For Registration Documents

Power-of-Attorney For Registration Documents

Section 32 of the Indian Registration Act requires that documents meant for registration are to be presented for the said purpose at the proper registration office. Documents are some times executed and signed by the power-of-attorney agents of the concerned principals and the same power-of-attorney agents present such documents for registration. On the other hand law permits a person to execute and sign documents personally and delegate an agent for presenting such documents for registration. In the first instance execution and registration of the document are by the same person – the duly authorized agent. In the second case, execution of documents is by the author of the document personally but the registration process is completed by an agent. In both cases authority is to be delegated by a duly executed power-of-attorney.

Now the question arose whether power-of-attorneys issued for the purpose of executing and registering documents are to be registered compulsorily. The Hon. Supreme Court of India in the judgment delivered in C A No.xxxx/2004 ( Rajni T Vs Dulal R G) decided on 29th July 2009 has finally resolved the said issue.

Hon. Supreme Court has made a distinction between the Power-of-attorney meant for execution and registration of documents and the power-of-attorney meant only for registration of documents already executed and signed by its maker and has made it clear that power-of-attorneys of the first category need not compulsorily be registered while power-of-attorneys of the second category are to be registered compulsorily.

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1 comment:

  1. Question on registering a Power of attorney: My father living in Chennai, due to his advanced age, is executing a Power of Attorney in my favor to sell our properties in Kerala. He has included all relevent information on the POA including listing of the property survey nos. area of each land etc. Questions: 1. Does the POA have to be registered. 2. If so, does it necessarily have to be registered in Kerala in front of the sub-registrar where the land is located or can he register it in Chennai. 3. If POA needs to be registered, do I (agent) also need to be present and sign the POA. 4. If this has to be registered, as this is a POA given to a family member, it can be registered on Rs. 100 Kerala stamp paper?. My father called and spoke to the sub-registrar in Parur (where the land is located) and he indicated that the POA must be registered in his office. I am not convinced of this. Please advise.

    ReplyDelete

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