How to present documents for registration by power of attorney?
A 'power of attorney' is a document which gives the holder the status and power similar to that of the executant. The Indian Registration Act mandates that the documents to be presented for registration by certain persons specified.
As per Section 32 of the Act, a document presented by a power of attorney executed and authenticated as stated in the Act can be accepted for registration.
So what is this proper execution and authentication. As per Section 33 of the Act the following powers-of-attorney shall alone be recognised for the purpose of registration of documents. They are:
1) If the principal or the executant resides in any part of India at the time of executing the same and he authenticates it through the Registrar or Sub-Registrar within whose district or sub-district the principal resides.
2) If the principal or the executant of the power-of-attorney is not resididng in a place where the Act applies, then the power of attorney shall be executed and authenticated by any Magistrate.
3) If the principal at the time of executing the power-of-attorney does not reside in India, the registrar may accept the same if it is executed before and authenticated by a Notary Public, or any court, judge, magistrate, Indian consul or vice consul or representative of the government. Then the registrar may accept the power-of attorney holder to present the documents for registration.
The power of attorney holder has to actually produce the power-of-attorney.