Circular No. 40791/C1/2004, Certified Copy of Power of Attorney Involving Immovable Property
The Government of Tamil Nadu Registration Department, Office of the Inspector General of Registration, issued Circular No. 40791/C1/2004 dated 3 November 2004 to clarify when certified copies of a Power of Attorney involving immovable property must be provided. It allows a prospective buyer with proper authorization, and a buyer or subsequent buyer after registration of a conveyance deed, to obtain a certified copy.
What the circular governs
Circular No. 40791/C1/2004 dated 3 November 2004 addresses access to certified copies of a registered Power of Attorney involving immovable property. The Government of Tamil Nadu Registration Department issued the clarification after buyers reported that registering officers were refusing copies, creating difficulties in changing title in revenue records where authorities required the Power of Attorney as a link document.
The Registration Department states that a Power of Attorney is registered in Book IV. It also explains that Section 57(3) of the Registration Act restricts certified copies to the executants or claimants in the Power of Attorney, or their agents or representatives.
Who is affected
Circular No. 40791/C1/2004 applies to:
- Prospective buyers who want to verify that a Power of Attorney is genuine and remains in force before a sale deed is executed.
- Buyers who acquire immovable property through a conveyance deed executed by a Power of Attorney holder.
- Subsequent buyers of the same immovable property.
- Legal heirs of a buyer or subsequent buyer who has died.
- Registering officers responsible for issuing certified copies.
Key provisions
The Registration Department gives the following directions:
- Before a sale deed is executed by a Power of Attorney holder, a prospective buyer may receive a certified copy if the buyer obtains authorization from either the principal or the Power of Attorney holder.
- Registering officers must advise prospective buyers that such authorization is required.
- After a conveyance deed has been registered, the buyer or any subsequent buyer is entitled to obtain a certified copy of the Power of Attorney because the relevant right is treated as transferred through the conveyance deed.
- A certified copy may be issued to a subsequent buyer only after proper identification.
- If a buyer or subsequent buyer has died, that person’s legal heirs are entitled to obtain the certified copy.
Administrative directions
Circular No. 40791/C1/2004 directs District Registrars to communicate the clarification to all Sub Registrars in their districts under proper acknowledgment. District Registrars and Deputy Inspectors General of Registration were also asked to acknowledge receipt through the specified administrative channels.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I obtain a certified copy of the Power of Attorney before buying the property?
Yes. Before the sale deed is executed, a prospective buyer may obtain a certified copy with authorization from either the principal or the Power of Attorney holder.
Can a buyer obtain the Power of Attorney copy after the conveyance deed is registered?
Yes. After registration of the conveyance deed, the buyer is entitled to obtain a certified copy based on the right transferred through that deed.
Can a later buyer of the property obtain the certified copy?
Yes. A subsequent buyer may obtain the certified copy, but the registering officer must first ensure proper identification.
Can the legal heirs of a deceased buyer request the Power of Attorney copy?
Yes. The legal heirs of a deceased buyer or subsequent buyer are entitled to obtain the certified copy.
