Circular No. 40791/C1/2004, Issue of Certified Copy of Power of Attorney Involving Immovable Property
The 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 registered powers of attorney involving immovable property must be provided. It allows authorised prospective buyers, buyers after registration, subsequent buyers and eligible legal heirs to obtain copies, subject to the stated authorization or identification requirements.
What the circular covers
The Tamil Nadu Registration Department issued Circular No. 40791/C1/2004 dated 3 November 2004 because registering officers were reportedly refusing requests for certified copies of powers of attorney involving immovable property. Buyers faced difficulty changing title in revenue records when revenue authorities required the power of attorney as a link document. Prospective buyers also needed access to verify whether a power of attorney was genuine and remained in force.
The circular explains that powers of attorney are registered in Book IV. It refers to Section 57(3) of the Registration Act, which restricts certified copies to executants or claimants under the power of attorney, or their agents or representatives.
Prospective buyers
Circular No. 40791/C1/2004 permits a prospective buyer to obtain a certified copy before a power of attorney holder executes a sale deed, but only with appropriate authorization.
Key conditions are:
- The prospective buyer must obtain authorization from either the principal or the power of attorney holder.
- With that authorization, the prospective buyer is entitled to receive a copy of the power of attorney.
- Registering officers must advise prospective buyers about this procedure.
This access is intended to help a prospective buyer check whether the power of attorney is genuine and still in force before purchasing the property.
Buyers after registration
Circular No. 40791/C1/2004 states that when an attorney executes a sale deed, the rights relating to the immovable property pass through that deed. These rights include authority to obtain records needed for changing the title.
After registration of a conveyance deed:
- A buyer is entitled to obtain a certified copy of the power of attorney connected with the transaction.
- A subsequent buyer is also entitled to obtain the certified copy.
- Registering officers must properly identify subsequent buyers before issuing the copy.
- If a buyer or subsequent buyer has died, that person's legal heirs are entitled to obtain the certified copy.
Who must follow the clarification
Circular No. 40791/C1/2004 was addressed to Sub Registrars, District Registrars and Deputy Inspectors General of Registration. District Registrars were instructed to communicate it to every Sub Registrar in their district under acknowledgment.
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 get the power of attorney copy before buying the property?
Yes. A prospective buyer may obtain a certified copy before execution of the sale deed if the principal or the power of attorney holder provides authorization.
Can a buyer obtain the power of attorney copy after the sale deed is registered?
Yes. After registration of the conveyance deed, the buyer is entitled to obtain a certified copy because the relevant rights are transferred through the conveyance deed.
Can a later purchaser obtain the certified copy?
Yes. A subsequent buyer is entitled to the certified copy, but the registering officer must properly identify that buyer before issuing it.
Can legal heirs obtain the copy if the buyer has died?
Yes. If the buyer or a subsequent buyer has died, that person's legal heirs are entitled to obtain the certified copy of the power of attorney.
