Friday, September 23, 2016

TN: Registration of Power of Attorney compulsory

Registration of Power of Attorney compulsory from tomorrow

By Express News Service 

Published: 30th November 2012 10:18 AM 

CHENNAI: With a view to preventing land grabbing and bogus registrations, the State government has made it mandatory to register documents of Power of Attorney, Sale Agreements and Agreements relating to Title Deeds and Construction Agreements provided under Article 5(i) of the Indian Stamp Act, 1899, from December 1. 

With this amendment in the Registration Act of 1908 coming into force, a registered document will take precedence over an unregistered document, before the law. 

So far, registration of these documents has been optional. To prevent the misuse of these documents, the State Assembly had adopted a Bill amending certain provisions of the Registration Act, 1908 on May 16 and now, the President of India has given his assent to the Bill.

The amended Act is coming into force from December 1. An official release here said the documents of Power of Attorney executed outside the country are exempted from compulsory registration. 

While the present arrangement of registering Sale Agreement and Agreement relating to Deposit of Title Deeds with the jurisdictional Sub Registrar will continue, documents of Power of Attorney have to be registered either with the jurisdictional Sub-Registrar, where the property is situated, or where the principal resides.

According to the amended Act, “no document of Power of Attorney relating to immovable property shall be registered, unless passport size photographs and fingerprints of the principal, the agent, and of the identifying witnesses are affixed to the document and the agent has also signed such document.”

The Act also says “every Sub Registrar on registering an instrument of Power of Attorney including instrument of revocation or cancellation of such Power of Attorney relating to immovable property not situate in his own sub-district, shall make a copy and send the same together with a copy of the map or plan (if any) mentioned in Section 21, to every other Sub Registrar in whose sub-district the whole or any part of such property is situate and such Sub Registrar shall file the same in his Book No.1.”


Also read the related Govt. Gazette Notification at: http://www.stationeryprinting.tn.gov.in

 


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