Registration of PoA a must for transfer of Immoveable property
As per Section 17 (g) of the Registration Act, 1908, a Power of Attorney, which creates 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 requires compulsory registration.
Registration not essential for specified relatives
However, a Power of Attorney which has been 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 does not require registration, as per the Section 17 (g) has been added to the Registration Act, by a Kerala amendment to the Registration Act, on 13 September 2013.
If the Principle is abroad, authenticate the PoA & send it
Under Section 33 (c) of Act 16 of 1908, in cases where the principal at the time of execution of the power of attorney is not residing in India, what the principal is required to do is to get the document executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government and send it to his/her agent in India.
Agent can present the PoA & get it registered
The Section 32 (c) states that the agent of the principal duly authorised by power-of-attorney executed and authenticated in accordance with the manner stipulated in the Act can present the document for registration.
Reference
Amose v Sub Registrar, Meenachal [WP (C) 17471 of 2020(H)]
