Registration of Power of Attorney

Querist : Anonymous (Querist) 04 March 2011 This query is : Resolved
Is it compulsary to registr a Power of Attorney to sign a sale deed / conveyance deed?

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A V Vishal (Expert) 04 March 2011
Yes a power of attorney to sell/ convey property requires registration.

Tajobsindia (Expert) 04 March 2011
I agree to Sh. Vishal and add;

There are several documents which do not require Registration under S. 17 of the Indian Registration Act such as;

- Power of Attorney that is given except power to sell property
- Development Agreement
- Agreement of Sale given by a land owner to a developer
- Lease Agreement
- Lease Deed for less than one year
- Memorandum of Oral Partition
- Recording a Past Transaction.
- Power of Attorney;

1. If a POA is given for sale of immovable property then as per recently held by Hon’ble Supreme Court has ruled that a POA given to sell immovable properties should be Registered.

Basavaraj (Expert) 04 March 2011
According to me it not mandatory to register of POA for sale deed.

Devajyoti Barman (Expert) 04 March 2011
Yes but the transfer of immovable property not on the strength of an unregistered POA by an attorney does not make the transfer invalid.