Power of attorney executed in foreign country.
Such power of attorney mandatory to be verified by consulate of India in that country.
Further this deed must be produced before sub registrar in India in
The power of attorney executed in a foreign country to be verified by the consulate of India in that country otherwise the power of attorney shall be held to be invalid.
As per Section 32 of the Registration Act, every document to be registered under the Registration Act shall be presented at the proper registration office by some person executing or claiming under the same, or, by the agent of such a person, representative or assign, duly authorised by PoA executed and authenticated in the manner mentioned in Section 33(1)(c) of the Registration Act.
Section 33 of the Registration Act provides that for the purposes of Section 32, only those power of attorneys shall be recognised as are mentioned in Section 33(1).
As per Section 33(1)(c) of the Act, if the principal at the time of execution of the PoA does not reside in India, a PoA executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government shall be valid.
Only in a case where the execution of the PoA is as per Section 32 read with Section 33(1)(c) of the Act, there shall be statutory presumption Under Section 60 and/or under the provisions of the Registration Act.
Power of attorney not produced, the sale deed based on such power of attorney can not be accepted to be valid.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2965 of 2022
Decided On: 13.01.2023
MANU/SC/0021/2023
AIR2023SC506
MANU/SC/0021/2023
(2023)8SCC410