A power of attorney is registered at the sub-registrar's office in whose jurisdiction the principal signs, or where the property it concerns is situated, when the power authorises a transaction in immovable property. The principal, or a person holding authority to present it, appears before the registrar, presents the deed on the prescribed stamp with the registration fee, and the deed is entered in the register and returned with the registration endorsement. A power given only for a bank account, a tax matter or a court case ordinarily needs notarisation and not registration. Registration is compulsory under Section 17 of the Registration Act 1908 for a power that authorises the transfer of immovable property, and the deed must be stamped as the state schedule requires.
Before you start
- The executed deed on the state stamp, complete and signed by the principal, with no blanks left.
- Photo identity and address proof of the principal, and of whoever presents the deed if it is not the principal.
- The presenter's own authority where the principal cannot attend - a registered power or a written authorisation.
- Two identifying witnesses who attest the execution and can be produced before the registrar.
- The property papers (title deed, tax receipt) where a specific property is named, and the registration fee and stamp duty the state schedule fixes.
- For a power executed abroad, the notarised and consular-authenticated or apostilled original.
Steps
- 1. Decide whether registration is compulsory or optional. A power authorising the sale, mortgage, gift, lease or transfer of immovable property must be registered, because the transaction it enables is itself registrable. A power for a bank account, tax filing, court appearance or collection of money is ordinarily valid once notarised and does not go to the sub-registrar.
- 2. Get the stamping right. Buy the stamp paper or pay the e-stamp for the value the state schedule prescribes for a power of attorney. The deed is stamped before presentation; an unstamped or under-stamped deed is impounded and sent to the collector, which delays everything.
- 3. Draft the clauses the offices insist on. Banks and sub-registrars read the operative clause closely. For an immovable-property power, it must expressly authorise the agent to sell, to present the instrument for registration, to admit execution, and to receive the consideration - a general power "to act in all matters" is often refused. Name the property, list the powers, and say whether the power is general or special.
- 4. Appear before the registrar. The principal must appear and be identified, or a person holding a registered power must appear and present it. Under Section 32 of the Registration Act 1908 the registrar must be satisfied that the presenter is the executant or a duly authorised representative.
- 5. Complete the identification and witnesses. The registrar records the identity of the executant and of the witnesses, and may ask them to sign the register. Where the principal is abroad, the deed is executed before a notary or a consular officer and authenticated before it is presented here.
- 6. Collect the registered deed and copies. The office returns the original bearing the certificate of registration and asks for the copies it keeps. Note the book, volume and page the deed is entered in, because future references need them.
Documents to keep
- The registered original power of attorney and the certified copy the office issues.
- The receipts for stamp duty and the registration fee.
- A note of the book, volume and registration number.
- Where the power travels, the apostille or consular authentication page.
What goes wrong
- A general power used for a sale. A sub-registrar may refuse it, and a later sale built on it can be challenged; the operative clause must name the transaction and the property.
- Under-stamping. The registrar impounds the deed and the matter goes to the collector for adjudication.
- The principal not appearing. Unless a registered power authorises the presenter, the registrar will not register the deed.
- Execution abroad without authentication. A stamp taken in India on a foreign execution, without the consular or apostille step, is questioned.
- Unidentifiable witnesses. The witnesses must be present and their identity produced.
Common questions
Is registration always required for a power of attorney?
No. It is compulsory only where the power authorises a transaction in immovable property, because that transaction is itself registrable. A power for a bank account, a tax matter or a legal proceeding is ordinarily valid once notarised and need not be registered.
Who must appear before the registrar?
The principal, or a person holding a registered power to present the deed. The registrar must be satisfied that the presenter is the executant or a duly authorised representative, and he identifies and records them.
Can a power of attorney executed abroad be registered in India?
Yes, but the execution abroad must be before a notary or a consular officer and the deed must be authenticated - apostilled where the country is a party to the convention, or endorsed by the Indian mission otherwise - before it is presented here.
How is a power of attorney revoked, and must the revocation be registered?
The principal signs a deed of revocation and gives notice to the agent and to every office or bank that acted on the power. Where the original power was registered, the revocation too should be registered and notice given to the registrar, because the register still shows the power as subsisting; an unregistered revocation does not protect you against a third party who acted on the power in good faith.
We handle the drafting and the office work together - see property registration and affidavit drafting in Kolkata. The property registration formats collection shows the clauses these offices expect.
If the paperwork is where your matter stalls, FileX Advocates & Legal Consultants, 14 Hare Street, Kolkata, drafts, attests and files these documents and can appear at the sub-registrar on your behalf. Call +91 7439811422 or WhatsApp us to have the deed checked before you sign.