Power of attorney by property purchaser for registration

As you are a buyer, the POA is not necessary but there is a form under "32-A of the Act, and it will be available in the Sub Registrar's office.  So obtain it and fill in it and sign with your photo and your friend also sign with his photo.

Provisions of Section 32 and 33 of the Registration Act govern the Issue -

32. Persons to present documents for registration.—Except in the cases mentioned in 5 [sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or

(b) by the representive or assign of such a person, or

(c) by the agent of such a person, representative or assign, duly authorised by power-ofattorney executed and authenticated in manner hereinafter mentioned.

33. Power-of-attorney recognisable for purposes of section 32.—(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely -

(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in 1India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government:

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(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf

Well explained by experts above, you can proceed as suggested.

Hi I’m Adv. Niharika and here is my take on your query.

Sir, you can authorise toys friend to register the flat on your behalf by executing a General Power of Attorney in his name. You must first register this power of attorney with the sub registrar in order to have your friend complete the registry for you, since only a registered power of attorney is authorised to inter meddle with the estate. One thing should be noted, that it depends upon the state rules as to allowing “anyone” to hold such POA or only the blood relatives. So  it is advised that you visit the sub registrar’s office and check with him.

I hope this helps, for further questions, you can contact me at niharikalohan@yahoo.com

Well explained and advised by learned expert Mr. P Venu.