Power of attorney

Dear Ms.Isha,

1. The power that is being transferred  by the donee is of his legal right in the holder of the P.O.A. especially if the right is transferred as for sale of immoveable property  of the donee and hence registration of such non-testamentary  deeds is compulsory  as provided u/s 17 of the Registration Act, 1908. Moreover such deeds now need to be compulsory  affixed with the photographs of the donee and the holder of the P.O.A. as provided u/s 32  r/w 32-A of  the Registration Act, 1908.

2. There are no specific case laws that deny that such P.O.A. cannot be registered..

Dear Rohit,

Thank you for the revert. However, I am unable to agree with you on this point. As far as I understand (subject to correction, if any), the PoA is an instrument that does not create any "right/title/interest" in the property. 

I sincerely wish to read judgments where the Courts clearly say that Power of Attorney which gives a right to sell requires compulsory registration. 

Please share judgments so that my doubt is cleared.

Dear Isha/Rohit,

I am located in India and I have to take posession of an immovable property in India, purchased by my Son-in-Law/ Daughter who are at present at US.

What kind of power of attorney would be needed.?

Thanks,

Yogendra Prasad