Sanjeev Dudhat (Lawyer) 30 October 2008

please enlighten me

S. 32 0f the Registration Act provides for 3 sub clauses a, b ,c . The same are connected or linked with word `or'.

Pl. enlighten me how this can be interpreted.

A . Are these options available for presentation of the document whereby you can suitably choose either of the options.

B. No choice isavailable. Depends on the situation. for E.g. if one of the parties is represented thro PoA then necessarily the said party has to present the document by annexing PoA duly registered and authenticated by the Registrar as provided in S.33 of the Act.

C. One can legally manipulate the presentation of document if the PoA is not valid i.e. not legally recognised as is stated in S. 33 of RegistrationAct; then in such event other party to such document whose is present in person can present the document and get it registered as provided in sub clause a of S. 32???

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N.K.Assumi (Advocate) 30 October 2008

Section 32 can not stand alone and it has to be read with section 33 and this is imperative requirements as illustrated by various rulings. This requirements though technically very strict it is designed to prevent fraud and forgeries and to strengthened the provisions of the act.

Thus supreme Court held that unless the registration of documents is presented by one of those three catagories of person mentioned in the section the Registrar and Sub registrar can not Register a documents. AIR 1954 SC 316. The object of the Legislature was to prevent fraud and forgeries.

Regarding section 33 it is only an enabling section for the representative or assigns or agents to register power of attorney and it does not apply where a person himself executes the documents, even though he may have acted therein as an agent of another. Section 33 simply provides for special type of power of attorney for the sole purpose of meeting the requirements of section 32. It does not refer to a power of attorney empowering a person to execute a document. See AIR 1984 Cal 297.AIR 1984 patna 254.