Wednesday, January 6, 2016

Persons who are authorised to present documents for registration

The persons authorised to present the documents for its registration:
Sec.32: Persons to present documents for registration:
Except in the cases mentioned in Sections 31,88 and 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office,---
(a)   By some person executing or claiming under the same, or, in the case of copy of a decree or order, claiming under the decree or order, or
(b)   By the representative or assign of such person, or
(c)    By the agent of such person, representative or assign, duly authorised by power of attorney executed and authenticated in manner hereinafter mentioned.
Sec.33 Power of attorney recognizable for purposes of section 32:
(1)   For the purposes of section 32, the following powers of attorney shall alone be recognised, namely –
(a)   If the principal at the time of executing the power of attorney resides in any part of India a power of attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides.
(b)   If the principal at the time aforesaid resides in any other part of India in which the Act is not in force a power of attorney executed before and authenticated by any Magistrate.
(c)    If the principal at the time aforesaid does not reside in India a 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.
Provided the following persons shall not be required to attend at any registration office or Court for the purpose of executing any such power of attorney as is mentioned in clauses (a) and (b) of this section, namely—
(i)                 Persons who by reason of bodily infirmity are unable to attend;
(ii)               Persons who are in jail under civil or criminal process;
(iii)             Persons exempt by law from personal appearance in Court.


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