Power of Attorney

The Legality of the Power of Attorney Deeds in India

1. Every document shall be presented at the proper registration office by the person executing it or the person claiming such document. (Ex. In a Sale deed, the 'Seller' is the person' executing' the document; and the 'Buyer' is the person 'claiming' the document). 
2. In exceptional cases, the executant's power agent may present the document for registration.

3. Such a power of attorney deed shall be duly executed and authenticated one .

(Section 32 of Indian Registration Act 1908)

What is mean by the word 'duly authenticated?'

1. If the Principal is residing in India, he shall execute the power of attorney deed before the Sub-Registrar of his local area and get it authenticated.

2. If the Principal is residing 'OUT OF INDIA' such power of attorney shall be executed and authenticated before a Notary Public or any Court, Judge, Magistrate, Indian Consul or Vice Consul or representative of Central Govt. 

(If the Principal is residing in the countries like Canada, all States of USA, Australia, Singapore, the Principal may get the authentication from a Notary Public (lawyer) of that country; If the Principal is residing in the countries like, UAE, Saudi Arabia, Omen, Egypt, etc. (where there is no such practice of Notary-Public lawyer system), the Principal may get the authentication from the Indian Consul office.

3. Exemption: if the Principal who is residing in India - but is in Jail (or) is unable to  attend before the Registrar due to his inconvenience or his bodily infirmity, his presence before the Registrar may be exempted from personal appearance. (Instead, the Registrar has any doubt, he himself shall go to his place and verify such fact).

All the above power of attorney deeds, authenticated as stated above, are all valid on production of its original. No further proof is necessary.
(Section 33 of Indian Registration Act 1908)

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