Legal Question in Business Law in India
sale deed execution
can a sale deed be executed using a power of attorney which is not registered but signed before a notary?
6 Answers from Attorneys
Re: sale deed execution
depends on the rules of each state.
Re: sale deed execution
The PoA holder is entitled to act on behalf of the executant depending upon contents of the Attorney.
Re: sale deed execution
no it is not allowed as per Indian Registration Act.
Re: sale deed execution
As far as Pakistan law is concerned, you may execute sale deed even Power of Attorney is not registered but executed before and authenticated by Notary. Relevant portion of law is reproduced below:---
33. Powers-of-attorney recognizable for purposes of Section 3:--- (1) For the purposes of Section 32, the following power-of-attorney shall alone be recognised, namely:-
a) if the principal at the time of executing the power-of-attorney resides in any part of Pakistan in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides ;
b) if the principal at the time aforesaid resides in any other part of Pakistan a power of attorney executed before and authenticated by any Magistrate.
c) if the principal at the time aforesaid does not reside in Pakistan, power-of-attorney executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Pakistan Counsal or Vice-Consul, or representative of the Federal Government:
Provided that the following persons shall not be required to attend at any registration-officer or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely: -
i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend ;
(ii) persons who are in jail under civil or criminal process ; and
(iii) persons exempt by law from personal appearance in Court.
(2) In the case of every such person the Registrar or Sub-Registrar of Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the officer or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar of Sub-Registrar or Magistrate may either himself go to the house of the person/purporting to be the principal, or the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face it to have been executed before an authenticated by the person or Court hereinbefore mentioned in that behalf.
I think, now you may able to determine your status. Law in your country is important.
Re: sale deed execution
no, it cannot be done this way. property cannot be transferred on the basis of notarized document as per Registration ACt.
Re: sale deed execution
yes it can be used
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