Circular No. 189/C1/2013, Life Certificate for Power of Attorney Registrations
The Inspector General of Registration, Registration Department, issued Circular No. 189/C1/2013 dated 2 February 2013, prescribing a Life Certificate procedure for documents presented for registration through an agent under certain powers of attorney registered after 1 February 2013. The procedure took effect on 4 February 2013 and requires proof that the person who granted the power of attorney is alive, subject to specified exceptions.
What it governs
Circular No. 189/C1/2013 dated 2 February 2013 applies when an agent executes and presents a document for registration on the basis of a power of attorney registered after 1 February 2013. Registration is to be allowed only when the required Life Certificate is produced, unless an exception in the circular applies.
The circular was issued by the Inspector General of Registration, Registration Department, as a continuation of office Circular No. 189/C1/2013-1 dated 7 January 2013. The procedure took effect on 4 February 2013.
Life Certificate requirements
Circular No. 189/C1/2013 dated 2 February 2013 requires the Life Certificate to confirm that the person who granted the power of attorney is alive. The certificate must:
- Carry a photograph of the person who granted the power.
- Contain that person's signature.
- Be certified and dated by a Registered Medical Practitioner or a Group A officer of the Central Government or State Government.
- Be issued within the 30 days before the document is presented for registration. An older certificate is not valid.
- Follow the details given in the attached model form.
For a Group A officer, the form asks for an identification number such as the General Provident Fund number, Permanent Account Number, Aadhaar number or voter identification number. The certifying person must attest the photograph, with half of the signature on the photograph and half on the paper.
Handling at the registration office
Circular No. 189/C1/2013 dated 2 February 2013 directs the registration office to inspect the original Life Certificate, compare it with the copy, scan the copy with the document and return the original certificate.
For powers of attorney registered after 1 February 2013, the registration office must add a note stating that documents executed under the power must be presented with the grantor's Life Certificate. The parties must also be informed of the requirement when the power of attorney is registered.
Cases where the certificate is or is not required
Circular No. 189/C1/2013 dated 2 February 2013 provides that a Life Certificate:
- Is not required for Purchase Power documents.
- Is not required for powers of attorney granted by companies.
- Is not required for a document presented within 30 days from the date the power of attorney was presented at the registration office.
- Is not required for powers of attorney registered on or before 1 February 2013.
- Is required for powers of attorney executed abroad and submitted for adjudication.
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Common questions
How recent must the Life Certificate be?
It must have been issued within the 30 days before the document is presented for registration. A certificate issued earlier is not valid.
Who can certify that the person who granted the power of attorney is alive?
The certificate may be issued by a Registered Medical Practitioner or a Group A officer of the Central Government or State Government.
Is a Life Certificate needed for an older power of attorney?
No. Circular No. 189/C1/2013 dated 2 February 2013 says it is not required for a power of attorney registered on or before 1 February 2013.
Will the registration office keep the original Life Certificate?
No. The office must inspect the original, compare it with the copy, scan the copy with the document and return the original.
