differnce btween regd. & notary power of attorney.

ashish (Querist) 30 May 2008 This query is : Resolved
r/sir
can u explain wat is d differnce between registered power of attorney and notarial power of attorney?

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J K Agrawal (Expert) 30 May 2008
No difference at all but a small. As per section 17 of Indian registration act compulsory registration of power of attorney is not required. But to present a document before a registrar under section 32 of registration act by any person other then executor, registered power of attorney is required as per section 33. A very interesting thing is here to notice. It is funny that a person holding un registered power of attorney can validly execute any document and the document is valid in all respect as per The Powers of Attorney Act 1882 but he can not present it for registration until the Power of Attorney it self is not registered.

Guest (Expert) 31 May 2008
Practically, things are different. Notarial POA can be manupulated, registered POA cannot be. Certain POA's like giving possession of land for joint development has to be registered, even thoug it is only a POA.

ashish (Querist) 31 May 2008
thx a lot.
this site is proving 2 a very good platform 4 fresh advocates & entire law .thx 1ce again to all persons relating 2 dis site n especially 2 all experts.

R.S.Rajesh (Expert) 31 May 2008
The Registration of POA is optional. The advantages of registartion in certain cases is that the poa is brought to the public notice and it is relevant particularly in transactions related to the immovable properties. Even in the execituion of the sale deeds , in terms of the provisions of the Indian Registartion Act, the POA is to be authenticated by the concerned Sub Registar. and it need not be registered.

manmeet singh arora (Expert) 01 June 2008
DEAR ASHISH,

1. THE POWER OF ATTORNEY EXECUTED AT NOTARY IS FOR COMMON PURPOSE AND NOT FOR SELLING OF LAND OR ANY IMMOVABLE TRANSACTION AND CAN EASILY BE CALLENGED.
2.THE POWER OF ATTORNEY EXECUTED AT
SUB REGISTRAR IS VALID FOR ALL THE PURPOSE AND CONTAINS ALL THE SPECIFIC POWERS AND IS NOT EASY TO CHALLENGE.

BEST REGARDS,
MANMEET SINGH ARORA

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