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Report No. 68

Compulsory registration

6.4. In certain cases, registration of a power of attorney may become compulsory under section 17 of the Indian Registration Act, 1908. Thus, a power which authorises the donee to recover rents of immovable property belonging to the donor for the donee's own benefit is an assignment and requires registration under section 17(1) (b) of the Registration Act; similarly, a power of attorney which creates a charge on the immovable property referred to therein in favour of the donee of the power, requires registration1. In other cases, a mere general power of attorney, even though it deals with immovable property, need not be registered2 since it does not come under any of the documents specified in the Registration Act as requiring registration.

1. (a) Ganpat v.Adarji, (1879) I.L.R. 3 Bombay 312, 325; (b) Indra Bibi v. Jain Sirdar, (1908) I.L.R. 35 Cal. 845, 848.

2. Compare the discussion in Kochuvarecd v. Alariappa, A.I.R. 1954 T.C. 10, 17.

The Powers of Attorney Act, 1882 Back

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