Indian Registration Act, 1908,
specifically provides as to who should present the document for registration.
Section 32 of the Act stipulates that any document the registration of which is
compulsory or optional shall be presented by following;
1. By the executant or person claiming under
the document.
2. In case of a copy of decree, order, any
person claiming under such decree or order.
3. By the representative or assign of such
persons referred above.
4. By agent of the persons referred above or
by a representative or assign duly authorized by Power of Attorney executed and
authenticated as prescribed in the Act.
There are certain exceptions as provided in
sections 31, 88 & 89.
POWER OF ATTORNEY
The section 32 of the Act, prescribes that only
certain category of Power of Attorney holders are recognised to present
documents for registration, they are
(a) If the person executing the Power of
Attorney resides in any part of the country at the time of execution where the
provisions of the Indian Registration Act apply, only Power of Attorneys
executed before and a authenticated by registrar or sub-registrar of the
district, where the person executing Power of Attorney resides.
(b) In case the person executing the Power of
Attorney resides in any part of India, at the time of execution of the Power of
Attorney, where the provisions of the Indian Registration Act does not apply,
only Power of Attorney executed and authenticated by any Magistrate.
(c) In case of person executing Power of Attorney
resides out of India at the time of executing power of Attorney, only 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.
It may be noted
that in case of authentication by registrar or sub registrar, such officers
should be of the district where the principal resides, but no such stipulation
in case of authentication by a magistrate.
However, the Act
exempts the following people from attending the registration office or court
for executing and obtaining authentication of Power of Attorney. This exemption
is available only to persons residing in India and not to persons residing
outside India.
They are persons
who are unable to attend without any risk or inconvenience because of bodily
infirmity, ill health and illness.
Persons who are in jail under
Civil or Criminal process.
Persons exempted by law from personal
appearance in court.
In case of Power of
Attorneys executed by persons who are exempted from a personal appearance, to
execute and obtain authentication, the sub-registrar or magistrate, may attest
the Power of Attorney after satisfying himself that the Power of Attorney has
been voluntarily executed by the Principal. In case of necessity the concerned
officer may either visit the house of the principal, jail, examine him or may
issue commission for his examination. Any Power of Attorney as detailed above
may be proved by production of it, without further proof, when it purports to
have executed before and authenticated by a person or a court.
Authentication and Attestation
The section 33 of the Act refers to two
different words authentication and attestation. Both are not similar.
Attestation is done in case of Power of Attorney executed by persons, who are
exempted from personal appearance before court, registrar, and sub registrar
under section 33 of the Act.
Rule 63 of
Karnataka Registration Rules 1965 prescribes the procedure of authentication
and attestation. When a Power of Attorney is executed before registering
officer, he shall authenticate the same, after satisfying himself the identity
of the party executing the Power of Attorney and if necessary after obtaining
the left hand thumb impression of the party against his signature. The
authentication shall be as follows
"Authentication
under clause (a) of sub-section (1) of section 33"
This Power of Attorney has been executed by
.... of .... in my presence on the .... Day of ..... 20 ... The said..... is
personally known to me/ the identity of the said..... has been provided by the
testimony of Sri..... to my satisfaction and whose signatures is affixed to
this endorsement.
Signature of the Person identifying
the principal
Seal
Dated
Signature of (Sub)
registrar
In case of
attestation where the principal has not attended the office of the registering authority, the registering officer will attest the Power of Attorney but not
authenticate it. In such cases, if the registering officer himself attends the
residence of principal or if the principal appears in the office behind a
pardah as is in the case of Ghosha ladies the registering office may examine
the principal with the help of any witness. The following form of attestation
will be made;
"Authentication
under clause (a) of sub-section (2) of section 33"
This Power of
Attorney has been voluntary executed by ..... of ..... I have satisfied myself
in this behalf. The personal examination of the said ...... on commission. The
said ..... is personally known to me. The identity of the said person has been
proved by the testimony of ....... to my satisfaction and whose signature is
affixed hereto.
Signature of the Person identifying
the principal
Seal
Dated
Signature of (Sub) registrar
Procedure:
While
authenticating the Power of Attorney, which runs into more than one sheet of
paper, the seal and signature of the Registering officer shall be affixed to
each sheet.
If the Power of
attorney which has to be authenticated but not to be registered contains
interlineations, blank, erasure, or alteration in the body of Power of
Attorney, a detailed footnote of number of interlineations, blank, erasures,
alteration has to be added to the document below the authentication and shall
be signed by the registering officer. Such detailed footnote is necessary even
if the principal has made such footnote. If there are no interlineations etc.,
such fact has to be noted.
If the
authentication or attestation endorsement contains any interlineations, each
such interlineation has to be initialed by registering officer.
District registrars
or sub registrars are not authorised to authenticate or attest the Power of
Attorney, other than those required for registration purpose. The Power of Attorney
should contain a specific authority to present the document or to admit the
execution of a document by principal, and then only it can be authenticated or
attested. A power of attorney may be registered like any other document, but
unless it is authenticated or attested, it is not valid for using for
presenting for registration of other documents executed by principal. One has
to understand the difference between the registering the power of attorney and
using the power of attorney for presenting the documents executed by principal
for registration.
The authentication
or attestation of Power of Attorney is required only when a document executed
by the principal is presented for registration. But if the document is executed
by the Power of Attorney holder and presented by Power of Attorney holder, no
authentication or attestation is necessary.
More,
No comments:
Post a Comment