Special power of attorney to present the sale deed

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 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. please anser me. Is this matter cleary settled by courts/laws without any confusion or NOT?

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Quick Summary

This discussion clarifies the requirements for a Special Power of Attorney (SPOA) when someone else needs to present a signed sale deed at the registration office in Andhra Pradesh. While attestation by a registrar is sufficient for the agent to present an already signed document, registering the SPOA is mandatory if the agent is authorised to execute documents or conduct transactions concerning immovable property on behalf of the principal.

Advocate Bhartesh goyal (Expert) 15 February 2023
Owner can appoint and authorise someone to submit and register sale deed on behalf of him as his special power of attorney. Special power of attorney should be registered in Sub Registrar Office.

kavksatyanarayana (Expert) 15 February 2023
Attestation/authentication is required when the principal authorizes the agent to present on his behalf the document or documents executed by him, in the concerned Registration offices under Sec.33 of the Indian Registration Act, to admit execution and do the allied acts therefore. Registration is required when the principal authorizes the agent to do some other acts and to execute the documents on his behalf of him.

kavksatyanarayana (Expert) 15 February 2023
To present the sale deed before the Sub Registrar/Registrar concerned, attestation is sufficient as the sale deed is already signed by the Principal.

Dr J C Vashista (Expert) 16 February 2023
Very well analysed, opined and advised by senior experts, I endorse and appreciate.

T. Kalaiselvan, Advocate (Expert) 16 February 2023
It is mandatory to register the SPOA deed to carry out transactions in respect of immovable property.
The aggrieved party can appraoch court of law for relief.

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