Thursday, September 25, 2014

Power of Attorney

Power of Attorney:
Every document, to be registered, shall be presented before the proper Register Officer, by the following persons:
1.       The person executing that document. (Vendor in the case of sale);
2.       The person claiming that document. (Purchaser in the case of sale);
3.       The representative of the person (Guardian of the minor person);
4.       The Agent of the parties to the document, authorized by power of attorney;

The Registrar cannot register a document which is not presented by a person of any one of the four categories referred above.
Irregular presentation renders registration void and a nullity; and it could not be cured;

Recognized Power of Attorney:
The following power of attorney shall alone be recognized –
1.       If the Principal (the person executing the power) resides within India, the power of attorney executed before and authenticated by the Registrar within whose district the Principal resides.
2.       If the Principal does not resides in India (resides in a foreign country) the power of attorney executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of the Central Govt.



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