Circular R.C.No.7154/C1/2015, Power of Attorney Registration Clarifications, 2019
The Office of the Inspector General of Registration issued Circular R.C.No.7154/C1/2015 dated 30 January 2019 to clarify registration requirements for powers of attorney and documents executed through power agents. It covers immovable property, powers executed outside India or registered in another State, company authorisations, sub-agents and cancellation deeds.
What the circular governs
Circular R.C.No.7154/C1/2015 dated 30 January 2019, issued by the Office of the Inspector General of Registration, guides registering officers on powers of attorney and later documents executed through them. The clarifications are relevant to property owners, buyers, power agents, companies, partnership firms, limited liability partnerships and professionals presenting documents for registration in Tamil Nadu.
When registration is required
Circular R.C.No.7154/C1/2015 provides the following registration rules:
- A power of attorney granted by one or more individuals to one or more persons for immovable property must be registered on or after 1 December 2012, except where it was executed outside India.
- Registration is optional for a power of attorney concerning movable property.
- Registration is also optional for a power of attorney concerning immovable property that was granted before 1 December 2012.
- An unregistered power of attorney concerning immovable property and executed outside India may support registration of a later document.
- A power of attorney must describe the immovable property sufficiently for identification. An exception applies where authority is given only to purchase property, because the exact property may not yet be known. Such authority may support a sale deed, mortgage, deposit of title deeds and related documents.
Powers registered elsewhere and organisational authority
Circular R.C.No.7154/C1/2015 allows a power of attorney registered in another Indian State to be used for Tamil Nadu property if it was registered within the jurisdiction where the principal ordinarily resides. The registering officer must keep the later document pending, verify in writing that the power of attorney is genuine and still valid, and register only after confirmation from the competent authority.
An authorisation or resolution allowing a person to execute and present 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 as part of the document. A company, partnership firm or limited liability partnership may itself be appointed as an agent.
Delegation and cancellation
Circular R.C.No.7154/C1/2015 states that a power agent cannot appoint a sub-agent for registration of a document concerning immovable property. A document presented by such a sub-agent cannot be accepted for registration.
A revocation or cancellation deed may be registered where the property is situated or where the principal ordinarily resides when the cancellation or revocation is registered. Cancellation of an immovable property power of attorney that was registered in Book IV before 1 December 2012 must be registered in Book I.
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 use an unregistered power of attorney executed outside India to register a property document in Tamil Nadu?
Yes. A power of attorney concerning immovable property and executed outside India does not require compulsory registration, so a later document based on it may be accepted.
Can a power of attorney registered in another State be used for Tamil Nadu property?
Yes, if it was registered within the jurisdiction where the principal ordinarily resides. The registering officer must verify its genuineness and continuing validity with the relevant authority before registering the later document.
Can my power agent appoint another person to register the property document?
No. A power agent cannot appoint a sub-agent for registration of a document concerning immovable property, and a document presented by that sub-agent cannot be accepted.
Where can I register cancellation of a property power of attorney?
The cancellation or revocation deed may be registered where the property is situated or where the principal ordinarily resides at the time of registration.
