Compulsory registration of power of attorney

Vianney (Querist) 28 July 2016 This query is : Resolved
A Power of Attorney was executed in 1994. On the basis of this POA sale of land in Maharashtra was done in 2011.

Was it necessary that this POA had to be compulsorily registered under sec 17(1)(b) of Registration Act before using to effect sale of land in 2011.

OR

Could the POA be used for sale of land without registration until 1.4.2013 the date when the Registration (Maharashtra Amendement) Act 2010 came into force.

Please Advice

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Kumar Doab (Expert) 28 July 2016
If a power is given for the sale of immovable properties, the question of registration does arise. In Maharashtra, if a power of attorney is donated other than close family member for sell of immovable property it must registered with Registrar and not Notary.

P. Venu (Expert) 29 July 2016
What is the real issue?

Devajyoti Barman (Expert) 29 July 2016
The sake is valid and you can not challenge its validity anymore now.

Rajendra K Goyal (Expert) 29 July 2016
Agree with the expert Devajyoti Barman.

adv.bharat @ PUNE (Expert) 29 July 2016
Agree with expert opinion. No need to register POA if given to family member.

Vianney (Querist) 29 July 2016
In this case the Power of Attorney was not given to family member, and he has executed sale of immoveable property.

My question now is :-
Was it essential that the POA executed in 1994 and used for the sale in 2011, should have been registered?

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