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Siddharth Kulkarni (Legal Advisor)     02 February 2011

Registeration of Power of Attorney

Dear sir,

Following is my case

There are 9 legal heirs of the ancestorial property. The property is situated in different districts having under the jurisdiction of different Registrar of Documents and Assurences. Moreover the said legal heirs also resides at different locations but within the same state. Now they all want to sell the property by granting Power of Attorney(POA) in the name any one of them who will sell the property and complete all the formalities as required before the Registrar.

My query is whether the said POA requires to register before the Registrar. If yes then  which Registrar have jurisdiction the register the same? If there is any other modus operendi to execute the transaction, kindly explain.     

Thanks in advance  


 8 Replies

Bharatkumar (ADVOCATE )     02 February 2011

U registered a Power of Attorney at any Sub-Registrar office  (property jufisdiction) otherwise the residential / office address of party who has registered a Power of Attorney.

1 Like

Siddharth Kulkarni (Legal Advisor)     03 February 2011

Dear Sir,

Thanks for the prompt response.

However as far as the Sec. 17 of the Registration Act is concern, the POA is nowhere mentioned as a document, which requires compulsory registration. Is there any pecuniery limit?  

Deekshitulu.V.S.R (B.Sc, B.L)     04 February 2011

Since the POA is given for sale of immovable property the SRO says that it is to be registered. The same can be registered at any place where part of the property is situated. Now that I heard and got done a transaction of POA at a place where there is no property. You can register POA at any place in India, in respect of any property  in India, and it is not necessary that the property or part of the same is situated at the place of registration of POA

m.arunprakaash (advocate)     07 February 2011


Sujoy (Manager)     18 February 2011

I bought a flat in Kolkata 10 years back from a Promoter who had Power of Attorney for 2 years. We executed the sale deed for a flat within these 2 years. Due to paucity of funds, could not register the flat within this period but Promoter has now registered the Property. Since his Power of Attroney had lapsed does this registration hold good ? Can I go ahead and sell the Property ?? If no, how can this be corrected ?? Please advise.   Also the Sale Deed did not mention the share of land.

m.arunprakaash (advocate)     08 March 2012

An attorney can not overide/exceed more that what is mentioned in the power of atttorney.

If a POA contains a period of validity  of two years, then after the expiry of two years it has no force of validity,

two options available to you.

1. Prepare a confimation deed with the vendors provided he has valid power of attorney or else with the original owners of land. Then register the same. Then only you can derive the right, title and interest in the property,

0r 2. Simply assign your contractual rights to the new party and he will take conveyance from the land owners.



m.arunprakaash (advocate)     08 March 2012

The 9 legal heirs individually execute power of attorney in the name of  one of the legal heirs before the notary public, court, magistrate with in the jurisdiction where they ordinarily live.


or these 9 heirs execute sale deed and then authorise one person to present the document for registration through power of attorney attested and authenticated before the jurisdictional sub registrar under section 33 of the Indian Registration Act 1908.

m.arunprakaash (advocate)     08 March 2012

Under section 17 of the Indian Registration Act, Power of Attorney need not be regisrated. Whereas under section 18 optional provisions are there under which a Poa can be registered. Such POA registered in Book IV.

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