Response

A power of attorney is not complusorily registrable unless it creates an interest in any immovable property i.e, charge in favour of donee. Registration of power of attorney is optional in India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

If a power of attorney is in respectof an immovable property in value more than Rs 100 it must be registered. Registration of power of attorney autheticates the deed of power of attorney. Stamp duty needs to be paid for registration of the Power of Attorney and for it to be legally acceptable as evidence before the court.

In case of non-payment of stamp duty, the POA cannot be used as evidence in case of legal conflictand the person executing the document can be fined for up to 10 times the original stamp duty.

The documents required for registration of a power of attorney include identification proof such as AAdhaar Card, Voter ID card, Driving License, etc., Address Proof of parties, Passport Size photograph of parties, Electricity Bill or Index II OR Tax Receipt of the Property (if POA is related to the same property).

Reference: Registration Act, 1908

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LAWAYZ-2023-610