Whether registered POA is really required?

FOR ANY FUTURE LITIGATION THE REGISTERD DEED IS HAVING MORE AUTHONTICATION, THAN UNRIGISTERED OR NOTARISED POA.

GPA (General Power of Attorney) is not a compulsorily registrable document.

Syed Abdul Khader Vs Rami Reddy & Others  AIR 1979 SC 553.

In your querry you have merely stated that your company wants to execute certain documents to the government.  You have not stated the mode of execution of documents.  As per the registration act, sometimes depending on the nature of certain transactions, POA sometimes requires to be compulsorily registered.

Dear Mahesh,

Krishna Legal is right. But in some states when the Power of Attorney is used for alienating immovable properties registration is deemed to be compulsory. Otherwise the judgment  of the SC referred above will apply.

Thanks,

N.Ramakrishnan, ADV 

To avoid unnecessary trouble, get your POA attested by concerned Magistrate having jurisdiction over the area where same is executed.

If your office situate in Mumbai Town, you may visit Esplanade Court next to BMC headquarter.

DEAR ALL,

PLS FIND THE ATTACHED JUDGMENT

Syed Abdul Khader Vs Rami Reddy & Others  AIR 1979 SC 553

Though legal position is not disputed, it is the commercial and contratual expediency which requires a party to any transaction, insist for registered POA.

In the present case, since State of Maharashtra is a party to the transaction, is rightly insisting for registration POA of execution of same before the Magistrate to avoid any future dispute regarding improper or non-execution of same.

IN given case, power issued by company to one of hte employee suported by resolution of the company , power is not require registration.

IN MAHRAHSTRA , if power given for sale and receipt of money in the atteorney name then require registration with stamp duty duly affixed.

9820185379

When a Company is formed under CA 1956 the Memorandum of Association and the Articles of Association clearly states that which person is authorised to execute deeds and documents on behalf of the company. At times the Board of Directors pass a resolution appointing an office bearer of the Company to execute deeds and documents on behalf of the company. For this a Power of Attorney whether General or Special is not required. But if one desires to execute a Power of Attorney empowering someone to execute sale deeds on his behalf, then such Power of Attroney is compulsarily registrable and the stamp duty shall be the duty payable on conyeance of the immoveable property in question. However, in the body of the GPOA, if a line is added that the sale proceeds shall be deposited in Account number such and such standing in the name of the Company or the Person who has executed the GPOA, then the stamp duty is only restricted to the Registration Fee and other incidental charges which is very minimal. (Rates vary from State to State).

I AM NOT agree with RANDEEP SINHA. PLEASE INFORM YOUR PROFESSION.

i think, we are missing the Bus. Querier hereof seeks to enter into some transaction with the Govt. and it is the pre-condition that company to appoint a proper person to deal with the Govt. on its behalf. And Govt. requires such appointment by way of POA duly registered or executed before the Magistrate.

Now, it is for the company, either to follow the suit or forget about govt. transaction.

It has nothing to do with the necessity of requirement of registration of POA or any legal question relating to it.