Adam 10 July 2026

Validity of poa(power of atorney) when poa not authenticated by registrar

Sale-deed dated 05.06.2002 executed via POA. Principal resided in Mumbai where Registration Act applies. POA was attested before Notary Public only - NOT authenticated by Registrar/Sub-Registrar of Mumbai. Sale-deed registered at Kankavali Sub-Registrar.

Trial court (2010) held POA illegal per Section 33, Registration Act 1908 - sale-deed void. Subsequent courts (2016, 2025) ignored this point and held sale-deed valid. Now in Second Appeal before Bombay High Court.

Question: Is this a valid substantial question of law under CPC Section 100?

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Quick Summary

This discussion explores the legal validity of a sale deed executed in 2002 using a Power of Attorney (POA) that was only notarised, not authenticated by a registrar. The trial court deemed the POA illegal and the sale deed void, but subsequent courts upheld the deed's validity. The matter is now before the Bombay High Court, raising the question of whether this constitutes a substantial question of law concerning the interpretation of the Registration Act, 1908.

5 Replies

Dr. J C Vashista (Advocate ) 10 July 2026

Yes, it is a mixed question of law as well as facts and can be taken up in second appeal as one of the "substantial question of law".

Shashi Dhara 10 July 2026

Wait for judgement.

T. Kalaiselvan, Advocate (Advocate) 11 July 2026

Since the matter is prejudice before high court, you may wait for the disposal.

P. Venu (Advocate) 12 July 2026

Yes, you need to await the decision in the Second Appeal.

Prateek Tigala 8219705285 (Advocate) 13 July 2026

A second appeal lies only on a substantial question of law, not merely because another view of the facts is possible. The issue you've raised is not simply factual. It concerns:

the correct interpretation of Section 33 of the Registration Act, 1908;
whether a power of attorney executed in Mumbai and merely notarized (without authentication by the Registrar/Sub-Registrar, if such authentication was legally required) was legally sufficient to authorize execution of the sale deed;
whether a sale deed executed on the basis of such a power of attorney is legally valid; and
whether the first appellate court and subsequent court committed an error of law by overlooking or misapplying the statutory requirement.

If the lower appellate courts ignored a mandatory statutory provision or failed to address a material legal finding of the trial court, which may give rise to a substantial question of law.

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