PoA for property transfer in Kerala requires registration
The Section 17 (1)(g) of the Registration Act 1908 added by a state amendment by Kerala stipulates that registration is required for a power of Attorney (PoA) meant for transaction of immoveable property except by those executed by some specified close relatives as stated below.
Section17 (1)(g) of the Registration Act
The Section17 (1)(g) of the Registration Act adds: “Power of attorney creating any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant“.
No registration needed for PoA to the following relatives
In short, the amendment means that the PoA executed for the purpose of transfer of immoveable property, in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in-law or daughter in law of the executant does not require registration, in Kerala State.
The PoA for partition need no registration
The power of attorney executed for partition and presented it for registration is not one coming under Section 17(1)(g) of the Registration Act.
No power is conferred on the power of attornee to right, manage, administration, development and transfer relating to immovable property. When the power is conferred to deal with the property, perhaps, the Section 17(1)(g) of the Act would come into play. In the partition, there is no transfer. It does not partake any type of administration, management or power related to the immovable property.
The power of attorney which is given to execute the partition deed and present the same for registration does not get covered by Section 17(1)(g) of the Registration Act (M.T.Unnikannan v The District Registrar).
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