Circular R.C.No.7154/C1/2015, Registration of Power of Attorney and Further Documents Using the Power of Attorney
The Office of the Inspector General of Registration, Chennai-28, issued Circular R.C.No.7154/C1/2015 dated 30 January 2019 to clarify how registering officers must handle powers of attorney and documents executed through power agents. It covers compulsory registration, powers executed outside India or registered in another State, property descriptions, company authorisations, sub-agents and cancellation.
What the circular governs
Circular R.C.No.7154/C1/2015 dated 30 January 2019 guides registering officers when registering a power of attorney or a later document executed using one. It addresses doubts that remained after registration became compulsory for certain powers of attorney concerning immovable property.
The guidance affects property owners who appoint agents, buyers dealing through power agents, companies and firms authorising representatives, and people presenting sale, mortgage or related documents for registration.
When registration is compulsory
The Office of the Inspector General of Registration gives the following clarifications:
- A power of attorney granted by one or more individuals to one or more persons concerning immovable property must be registered if granted on or after 1 December 2012, except when executed outside India.
- Registration is optional for a power concerning movable property.
- Registration is also optional for a power concerning immovable property granted before 1 December 2012.
- An unregistered power concerning immovable property that was executed outside India may support registration of a further document.
Powers connected with other places
A power concerning Tamil Nadu property may be registered in another Indian State when the principal ordinarily resides within the jurisdiction of that registering authority. It may then be used to execute and register further documents in Tamil Nadu.
In such a case, the Tamil Nadu registering officer must keep the further document pending, verify in writing that the power is genuine and remains in force, and register the document only after confirmation from the competent authority.
A power executed outside India must sufficiently describe the property before it can support further registration. An exception applies when the power is only for purchasing property, because the exact property may not yet be known. Such a purchase power may support a sale deed, mortgage, deposit of title deeds and related documents.
Agents, organisations and cancellation
- A company, partnership firm or limited liability partnership may be appointed as an agent.
- A resolution or authorisation 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. It must be enclosed with the document.
- A power agent cannot appoint a sub-agent for registration of an immovable property document. A document presented by that sub-agent cannot be accepted.
- Revocation or cancellation may be registered where the property is situated or where the principal ordinarily resides at that time.
- Cancellation of an immovable property power previously 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. Registration is not compulsory for a power of attorney concerning immovable property executed outside India, so a further document based on it may be accepted. The power must sufficiently identify the property, unless it was given only to purchase property.
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 Tamil Nadu registering officer must keep the further document pending until the power's genuineness and continued validity are confirmed by the competent authority.
Can my power agent appoint another agent to register an immovable property document?
No. The circular states that a power agent cannot appoint a sub-agent for registration of an immovable property document, and a document presented by that sub-agent cannot be accepted.
Where can I register cancellation of a 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.
