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Ramakrishnan.V (Lawyer)     02 July 2009

Power of attorney

Would anyone tell me whether a opower of attorney deed requires compulsory registration



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 10 Replies

A V Vishal (Advocate)     02 July 2009

Dear Mr Ramakrishnan,

Can you please clarify the purpose of the POA

Asgher Mahdi (Advocate & Legal Advisor)     02 July 2009

Mr.Ramakrishnan,

It is not mandatory POA ti be registered.

Asgher Mahdi (Advocate & Legal Advisor)     02 July 2009

The very purposes of the executing POA is in urgency to comply the  legal obligation well withing in time to be carried out the same may executed to perform the acts,deed, command as instructed by the executant by the pripal Agent. Sometimes, this purposes is miss used in Sales considerations in portiuclar, its therefore higlhly recomended to registereed the POA after a great search.

A V Vishal (Advocate)     02 July 2009

Dear Asgher,

In case of POA wrt property matters and dealings they need to be registered.

Shree. ( Advocate.)     02 July 2009

POA need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticated by a Sub Registrar. In many cases, a general or specific power of attorney need not be registered. The question of registration arises only if a power is given for the sale of immovable properties. The Indian Registration Act does not make a power of attorney compulsorily registerable. However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered. It should be done at the office of the sub registrar within whose jurisdiction the person giving the power resides. If the person resides abroad, the power should be attested by the Indian consulate in that country. Such power of attorney should be used within 3 months from the date of its execution.

the documents requires to be compulsorily registered?   1. Gift deed of immovable property.
2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;
4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent;
5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A

J.P. Sharma (Government Service)     02 July 2009

I would like to appreciate the detailed information given by Mr. Shree Advocate.  It covers all thingts in respect of Power of Attorney. I agree with the same.

Ramakrishnan.V (Lawyer)     02 July 2009

A Power of attorney being a contract without any consideration because the grantor of the power is called the donor and to whom it is granted is donee which means a word associated with gift.  Hence on combinded reading os section 25 of the Indian Constract act and section 123 of the transfer of property act and also section 17(1) of the Indian Registration act, it makes a power of attorney compulsorily registrable. Is it not?

Niraj Sharma (Practice)     06 July 2009

for registration of POA whether both the person, i.e. The person who is giving power and the person to whom power is given required to be present before the registring authority or not?

BINOY CHACKO (DIRECTOR)     10 April 2010

whether a POA to be stamped madatorily?

whether a plain letter authorising a professional (company secretary) to represent before the Registrar of companies u/s 209A-5 of the companies act will be treated as a vaild POA?

raghumohan (PRACTICE)     13 August 2011

dear sir

my doubt is whether power of attorney given by wife to her husband to depose evidence on her behalf in land acquisition case requires(poa) requires registration or notary of poa is sufficient?

please enlighten me

with regards

Adv raghumohan


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