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Report No. 68

Registration Act

6.2. It may not be out of place to mention here in brief the provisions relating to powers-of-attorney, contained in some other Acts. There are provisions in the Indian Registration Act, 1908, regarding powers of attorney for presenting documents at Registration offices. Under section 32(c) of that Act, a power-of-attorney can be granted to an agent to present a document for registration; but, under section 33(1), only certain powers of attorney are recognised. Briefly speaking, section 33 requires the power of attorney to be executed before and authenticated by a Registrar or Sub-Registrar (if the principal resides in any part of India where the Act is in force) or by a Magistrate- (if the principal resides in any other part of India) or a Notary Public or any court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of the Central Government, (if the principal does not reside in India).

Under section 33(4), a power of attorney mentioned in the section can be proved by the production of it without further proof, when it purports on the face of it to have been executed before the person or court already referred to. These provisions are of a special nature, and would not be affected by the changes recommended in the Powers of Attorney Act.

The Powers of Attorney Act, 1882 Back

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