Valididity of Power Of Attorney

dear sanjeev

under section 85 of the indian evidence act 1872 the presumption is available as to the POA it says taht the court shall presume that every document purporting to be a POA and to have been exuected and authenticated by a Notary Public or any cour, judge, Magistrate, Indian counsul or vice-counsul or representative of the central government was so exeucted and authenticated.

if any one of the above conditions is fulfilled then the POA is valid. it is not a compulosliry regitrable document under the Registration Act.

Dear Mr.Sanjeev,

It is an established law that a Power of Attorney which is given to a person for the purpose of regitration of a deed involving an immovable property has to be registered. Section 17 of Registration Act may please be referred to.  Pertaining to your query,  a PoA which is unregistered, unattested and unauthenticated , issued for registration of a Gift Deed (involving immovable property) is not valid. Further, the presumption available U/s-85 of the Evidence Act is applicable only when the PoA is attested and autheticated one.

With warm regards.

I think it is better to refer Sec 17 of REGact. What are the documents liable to be regestered. when a person transfering the immovable propety  through a document(link document) to another individual or a body that document must have the legal sanctity.The sanctity of unregdPOA is ambigius,as it strikes SEC 17 of Reg ACT.    

thanks a lot .   S.17 of Registration Act and Section 85 of the the Evidence Act is very clear .

regardssanjeev

Thanks a lot Mahesh.thanks for your prompt and studied opinion. It has helped me a lot

regards Sanjeev

further note----statements in power of attorney have to be proved like any other statement.AIR 1970 Mani57