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Sanjeev Dudhat (Lawyer)     03 October 2008

Valididity of Power Of Attorney

A gift deed is apparently executed with the help of unregistered copy of the alleged original PoA deed. The same is annexed to the gift deed registered by the Registrar of Assurances. The copy of the PoA deed is not attested or authenticated by the Registration office from its alleged original deed. Alleged executor of PoA  has challenged the gift deed in the Court of Law whether unregistered unauthenticated unattested  copy of PoA annexed to Gift Deed for its registration be valid under the provisions of Registration Act Sec. 32 and 33  (applicable to Mah.).


 6 Replies

mahesh (Advocate)     03 October 2008

dear sanjeev

under section 85 of the indian evidence act 1872 the presumption is available as to the POA it says taht the court shall presume that every document purporting to be a POA and to have been exuected and authenticated by a Notary Public or any cour, judge, Magistrate, Indian counsul or vice-counsul or representative of the central government was so exeucted and authenticated.


if any one of the above conditions is fulfilled then the POA is valid. it is not a compulosliry regitrable document under the Registration Act.




P.Elamaran (Law Officer in a CPSU)     03 October 2008

Dear Mr.Sanjeev,


It is an established law that a Power of Attorney which is given to a person for the purpose of regitration of a deed involving an immovable property has to be registered. Section 17 of Registration Act may please be referred to.  Pertaining to your query,  a PoA which is unregistered, unattested and unauthenticated , issued for registration of a Gift Deed (involving immovable property) is not valid. Further, the presumption available U/s-85 of the Evidence Act is applicable only when the PoA is attested and autheticated one.


With warm regards.



CSSR Venugopal (advocate)     04 October 2008

I think it is better to refer Sec 17 of REGact. What are the documents liable to be regestered. when a person transfering the immovable propety  through a document(link document) to another individual or a body that document must have the legal sanctity.The sanctity of unregdPOA is ambigius,as it strikes SEC 17 of Reg ACT.    

Sanjeev Dudhat (Lawyer)     06 October 2008

thanks a lot .   S.17 of Registration Act and Section 85 of the the Evidence Act is very clear .



Sanjeev Dudhat (Lawyer)     06 October 2008

Thanks a lot Mahesh.thanks for your prompt and studied opinion. It has helped me a lot

regards Sanjeev

prof s c pratihar (medical practitioner &legal studies)     07 October 2008

further note----statements in power of attorney have to be proved like any other statement.AIR 1970 Mani57

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