Registration of power of Attorney is not compulsory. Explain with reference to decided cases.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2020
Registration of power of Attorney is not compulsory. Explain with reference to decided cases.
Answer & Explanation:
Registration of a power of attorney is not compulsory. Section 4 of the Powers-of-Attorney Act, 1882 provides that it may be deposited in the High Court or District Court within the local limits of whose jurisdiction the instrument is with an affidavit verifying its execution, and a copy may be presented at the office and stamped as the certified copy and it will then be sufficient evidence of the contents of the deed. In certain cases, registration of power of attorney may become compulsory under Section 17 of the Indian Registration Act, 1908. Thus, a power which authorises the donee to recover rents of immovable property belonging to the donor for the donee's own benefit is an assignment and requires registration under clause (b) of Sub-section (1) of Section 17 of the Registration Act. Similarly, a power of attorney which creates a charge on the immovable property referred to therein in favour of the donee of the power requires registration [Indra Bibi v. Jain Sirdar, (1908) I.L.R. 35 Cal. 845, 848]. In other cases, a mere general power of attorney, even though it deals with immovable property, need not be registered (Kochuvareed v. Mariappa, A.I.R. 1954 T.C. 10, 17) since it does not come under any of the documents specified in the Indian Registration Act, 1908 as requiring registration.
Topics: Registration Act, 1908
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