property
Querist :
Anonymous
(Querist) 06 February 2010
This query is : Resolved
Dear Sir,
Can a property be sold on the basis of General Power of Attorney which is only obtained form Nortary? /What is its legal standing? is their any procedure to make this document more authentic/formidable in the eye of the law?
A V Vishal
(Expert) 06 February 2010
The GPA is void.
Raj Kumar Makkad
(Expert) 06 February 2010
GPA should be got registered with Registrar for making it more reliable and even for registration of sale-deed. The GPA notarized is not suffice for entering the sale-deed.
N RAMESH.
(Expert) 06 February 2010
I agree with experts
Sachin Bhatia
(Expert) 06 February 2010
No a property can not be sold on the basis of General Power of Attorney which is notarized .
R.R. KRISHNAA
(Expert) 06 February 2010
I don't agree with the above opinion of other experts.
As per the law of Power of Attorney(POA), a POA can be either notarised or registered.
Notarisation is as good as Registration. Notarised POA is valid and the property can be sold subject to verification.
Parveen Kr. Aggarwal
(Expert) 06 February 2010
Section 32 of the Registration Act, 1908 reads as:
"32. Persons to present documents for registration: Except in the cases mentioned in 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 representative or assignee of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned."
Section 33 reads as:
"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 recognised, 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 India, a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government:
PROVIDED that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(iii) persons exempt by law from personal appearance in court.
Explanation: In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897.
(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.
A V Vishal
(Expert) 07 February 2010
Mr Krishna
Kindly go through the Registration Act before differing on the opinions of the Experts, A POA for sale of an immovable property needs to be registered compularsarily.
A V Vishal
(Expert) 07 February 2010
Is it compulsory to register power of attorney attested in India by Magistrate or notary?
Ans They need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticated by a Sub Registrar.
B K Raghavendra Rao
(Expert) 07 February 2010
Sri R. R. Krishnaa is wrong. Section 17(1)(b)mandates registration of document transferring immovable property worth Rs. 100 or more be it called sale deed, power of attorney or gift deed. GPA is not valid. To validate it, it needs to be registered.
Raj Kumar Makkad
(Expert) 07 February 2010
It is difficult to be agree with Krishnaa.
R.R. KRISHNAA
(Expert) 09 February 2010
Mr. Vishal, Kindly go through the judgment and reply.
A General power of attorney is not a compulsorily registrable document.
Syed Abdul Khader Vs Rami Reddy AIR 1979 SC 553.
You may also look into "The Registration Act" authored by MULLA.
