Registration for power of attorney executed outside India not must for immovable property

CHENNAI: Any power of attorney relating to an immovable property executed outside India does not require compulsory registration, according to Inspector General of Registration J Kumaragurubaran.

However, any further document presented consequently based on such an unregistered power of attorney executed outside India can be accepted for registration, said Kumaragurubaran.

This clarification by the Inspector General of Registration comes after there has been confusion among the officers in registering movable and immovable properties.

Kumaragurubaran also clarified that if one or more individuals are granting power of attorney relating to immovable property (other than those executed outside India) to one or more persons, then registration becomes compulsory on or after December 1, 2012, as provided in Section 29, Tamil Nadu Act, 2012.

He also said if the power of attorney granted in respect of movable property, then the registration is optional and if it is granted for immovable property before December 1, 2012, then the registration is also optional. Similarly, there is no bar on a power of attorney being registered outside the state of Tamil Nadu if the principal happens to reside ordinarily in a place which is situated in a state other than Tamil Nadu.

“The power of attorney registered with registrar or sub-registrar of other states in India, within whose jurisdiction the principal ordinarily resides can be used for execution and registration of further documents in Tamil Nadu for properties situated in the State,” he said. However, compliance with provisions in the Registration Act needs to be insisted on, he added.

However, the registering officer in such cases should keep registration of further document pending and verify the genuineness and subsistence of power of attorney with authorities concerned.

Meanwhile, the power of attorney executed outside India and not having property details will not be accepted for registration.

He also clarified that a power agent can’t appoint a sub-agent for registration of document relating to immovable property and as such any document presented by a power agent can’t be accepted for registration.