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.
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.
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 ..
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.