Who can present documents for registration at the proper registration office under the Registration Act, 1908? Explain.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Who can present documents for registration at the proper registration office under the Registration Act, 1908? Explain.
Answer & Explanation:
Section 32 of the Registration Act, 1908 specifies the persons who can present documents for registration at the proper registration office. Such persons are as follows: 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 the representative or assign of such person, or the agent of such person, representative or assign, duly authorised by power-of attorney executed and authenticated in the manner hereinafter mentioned. It is immaterial whether the registration is compulsory or optional; but, if it is presented for registration by a person other than a party not mentioned in Section 32 of the Registration Act, 1908, such presentation is wholly inoperative and the registration of such a document is void (Kishore Chandra Singh v. Ganesh Prashad Bhagat, AIR 1954 SC 316). For the purpose of Section 32 of the Registration Act, 1908, a special power of attorney is required as provided under Section 33 of the Act. A general power of attorney will not do. Section 33 of the Act requires that a power of attorney, in order to be recognized as giving authority to the agent to get the document registered, should be executed before and then authenticated by the Registrar within whose district or sub-district the principle resides.
Topics: Registration Act, 1908
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