Prayagraj, May 19: The Allahabad High Court, while rendering an important ruling regarding registration of property, has stated that a person holding a unregistered Power of Attorney is as authorized for the registration of property as a registered Power of Attorney holder.
If the allegation of any type of fraud on him is not proved, then the unregistered Power of Attorney is not an obstacle in the way of getting the registration done.
The court said that at the time of registration of the property, documents should be produced by the original owner. This document can also be submitted by the person holding the Power of Attorney as the agent of the original owner as long as he is not accused of any kind of fraud.
This order was given by a bench of Justice Abhinav Upadhyay and Justice Shamim Ahmed, accepting the petition of Ravindra Kumar of Bareilly.
The petitioner said that Rakesh Chandra Sharma and his wife Kunti Sharma had bought five plots in Nevada. He later gave its power of attorney to the petitioner. The signatures of the signatories of the notary have been verified by the advocate and the notary.
Later, the petitioner submitted the documents to the Sub Registrar Bareilly for registering three of these plots.
However, the Sub Registrar refused to register, raising several objections. One of these objections was that the power of attorney of the petitioner is not registered by the Director General of Registration.
On behalf of the petitioner, senior advocate Sasinandan said that there is no compulsion to register the Power of Attorney.
The court said that the power of attorney in favour of the petitioner has not accused him of any kind. It is also not proved that he obtained it by any deception or deceit. In such a case, the petitioner has the right to submit the documents for the registry.
