Circular R.C.No.7154/C1/2015, Registration of Power of Attorney Clarifications, 2019
The Office of the Inspector General of Registration, Chennai issued Circular R.C.No.7154/C1/2015 on 30 January 2019 to clarify registration requirements for powers of attorney and documents executed through power agents. It explains when registration is compulsory, how powers executed outside India or registered in another Indian state may be used, and what property details or company authorisations are required.
What the circular covers
Circular R.C.No.7154/C1/2015, issued by the Office of the Inspector General of Registration, Chennai on 30 January 2019, gives registering officers guidance on powers of attorney connected with immovable property. It also deals with later sale deeds, mortgages and related documents executed using those powers.
Who may be affected
Circular R.C.No.7154/C1/2015 affects property owners who appoint power agents, people acting as power agents, buyers dealing with agents, and companies, partnership firms or limited liability partnerships authorising someone to execute documents. It also affects principals living outside Tamil Nadu or outside India.
Key clarifications
- A power of attorney relating to immovable property, granted by one or more individuals to one or more persons on or after 1 December 2012, must be registered unless it was executed outside India.
- Registration remains optional for a power relating to movable property and for a power relating to immovable property granted before 1 December 2012.
- An unregistered power of attorney relating to immovable property that was executed outside India may support the registration of a later document.
- A power registered in another Indian state may be used for property in Tamil Nadu when the principal ordinarily resides within the jurisdiction of the Registrar or Sub-Registrar who registered it.
- For a power registered in another state, the registering officer must keep the later document pending while written verification of the power's genuineness and continuing validity is obtained from the relevant authority. Registration may proceed after confirmation.
- A power of attorney generally must describe the immovable property sufficiently for identification. Without adequate property details, it cannot support later registration.
- A power given only to purchase property need not identify the exact property. It may support registration of a sale deed, mortgage, deposit of title deeds and related documents.
- A resolution or authorisation allowing a person to execute a document for a company, partnership firm or limited liability partnership is not treated as a power of attorney requiring compulsory registration. The resolution or authorisation must be enclosed with the document.
Cancellation point
Circular R.C.No.7154/C1/2015 reiterates an earlier clarification about whether the power agent's signature and the original power of attorney are required for cancellation. The supplied text does not reproduce the substance of that earlier clarification.
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Common questions
Must every power of attorney concerning Tamil Nadu property be registered?
A power of attorney relating to immovable property granted on or after 1 December 2012 must be registered, except one executed outside India. Registration is optional if it concerns movable property or was granted before that date.
Can an unregistered power of attorney executed outside India be used for a property document?
Yes. A power of attorney relating to immovable property that was executed outside India does not require compulsory registration, and a later document based on it may be accepted for registration.
Can a power of attorney registered in another Indian state be used in Tamil Nadu?
Yes, if the principal ordinarily resides within the jurisdiction of the Registrar or Sub-Registrar who registered it. The Tamil Nadu registering officer must first verify its genuineness and continuing validity in writing.
Does a company resolution authorising someone to sign need registration as a power of attorney?
No. An authorisation or resolution by a company, partnership firm or limited liability partnership is not treated as a power of attorney, but it must be enclosed with the document.
