Registration of spoa is compulsory or optional?

Sowmya RK (Querist) 15 February 2023 This query is : Resolved
I am from Andhra Pradesh. Sale deed was signed by the owner. He could not present the document in registration office. He want to give a speical power of attoney to someone to present this document. In this context-
1. Is it compulsory to register the special power of attorney in addition to attestation by the registrar? OR
2. Mere attestation by the registrar is enough without registration?

I am hearing conradictory opinions regarding the REGISTRABILITY of the special power of attorney. please anser me. Is this matter cleary settled by courts/laws without any confusion or NOT?

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This discussion clarifies whether registering a Special Power of Attorney (SPOA) is mandatory in Andhra Pradesh when an owner cannot personally present a sale deed for registration. According to Section 17 of the Registration Act, if an SPOA is used to execute a sale deed for immovable property, it must be a registered document. Mere attestation by the registrar is insufficient.

kavksatyanarayana (Expert) 15 February 2023
This is already replied to. Why repeated?

T. Kalaiselvan, Advocate (Expert) 16 February 2023
As per section 17 of the Registration Act:
A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.
Therefore the SPOA deed used for executing the sale deed before the concerned registrar in respect of the proposed transaction of the immovable property, it becomes mandatory for the SPOA deed to be executed by a registered document.

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