Power of Attorney for immovable property executed outside India does not require compulsory registration

CHENNAI:

Any Power of Attorney relating to 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 unregistered power of attorney executed outside India can be accepted for registration, Kumaragurubaran.

This clarification by the Inspector General of Registration comes after there has been confusion among the registering 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 Tamil Nadu Act 29 of 2012.

He also said if the power of attorney granted in respect of movable property then 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 for 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 of provisions contained under registration Act need to be insisted, 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 concerned authorities.

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 sun-power agent can’t be accepted for registration.