Response

Unregistered Power of Attorney is invalid for execution of sale deed. If under coercion & wrongfully a person executes Power of attorney one can revoke it & file criminal complaint.
an unregistered power of attorney is not valid in case of immovable properties.
With respect to the power conferred that being an unregistered power of attorney, it could not operate to confer any power to sell property .POA has to be registered compulsorily when it is dealt with immovable properties.
For any sale, execution and transfer of the title

A registered and properly stamp duty paid PoWer of attorney is needed

The plaintiff have all possibilities of getting the sale deed registered is entitled to be cancelled and the criminal charges made out can be proved as well for forgery and cheating by the tenant

To your questions specifically

1. The sale deed has evidenciary value as far case is concerned as it has to be proved as a fraudulently obtained one on the basis of a forged Power of attorney .

2. Notorised p oower of attorney is not admisable to register a sale deed.

A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property i.e. charge in favour of donee.f a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered. Registration of power of attorney authenticates the deed of power of attorney.

Reference: Suraj Lamp And Industries Private Limited Through Director v. State Of Haryana And AnotherPowers of Attorney Act,1882

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LAWAYZ-2023-443