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Mohan RP Rao (Advocate)     19 December 2008

Need to whether Power of Attorney is to compulsorily registered in Tamilnadu

 Hi to all,   One of my friend  residing at Mumbai inheriting a intested proprty at Tamilnadu Wants to file asuit in the statae of Tamilnadu and for that purpose he wants give the Power of Attorney for the purpose of litigation only in respect of the said Property. Now my Q. is whether the Regisstration of the Power of attorney for such specifik purpose id mandatory or P.O.A notarised at Mumbai will serve the Purpose .Please help its urgent.

Regards

Mohan Rao



Learning

 6 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 December 2008

Not compulsary

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     20 December 2008

IN MANY COURTS HERE THE COURT INSISTS THE PLAINTIFF WHEN SUIT IS FILED THROUGH AGENT FOR REGISTERED POWER OF ATTORNEY TO CONDUCT THE  CASE.  THE COURT DO NOT ACCEPT POWER DEED EXECUTED AND DULY NOTORIZED.  KINDLY ENLIGHTEN ME WITH  CITATIONS.  PRAKASH SIR CAN U  KINDLY LUK INTO THIS ASPECT AND  ENLIGHTEN ME.  

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 December 2008

i do agree with Mr. Perumal.

Y V Vishweshwar Rao (Advocate )     12 March 2009

For  filing a suit , the  Power of attorney  is required and it should be to the satisfaction of  the Court to allow the PA  to conduct a Suit  .In this kind of PA, if there is no other authority to PA  in respect of the suit  Property or any other claim in a suit , the  Registration of GPA is not  required,  in my view ..

A V Vishal (Advocate)     12 March 2009

In A P matters connected with property purchase, sale or otherwise viz gifts need to be registered. Further the POA is to be executed before the Sub Registrar under whose jurisdiction the Principal resides. In case the Principal resides outside India, then the POA can be notarized HOWEVER, there is a procedure to get the POA validated before the Registration Authority by paying a simple fee. In A P Public Notaries are not empowered to notarize documents pertaining to properties.

A.Lawrence Peter Shaw (B.A.,B.L.,)     09 June 2011

i do agree with Mr Vishal & for filing a suit, the  Registration of Power of attorney   is not  required


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