I have purchased a property in Corporation limits of Shimoga. As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered. Later, I came to know that the presentation should be either by executant or claimant or only by a duly authorized agent through power of attorney. I have not given any power of attorney to my friend. I am told that the registration is invalid. Please advise.
- by Rakesh, Shimoga
Section 32 of the Indian Registration Act, 1908 stipulates that any document has to be presented for registration by person executing or claiming under the document or their duly authorised agents by power of attorney except certain cases as provided in Sections 31, 88, 89 which are not applicable in your case.
Section 23 A of Indian Registration Act provides for re-registration of certain documents. The Sections covers documents which are accepted for registration presented by persons other than authorised persons. In such case, any person claiming under the said documents may opt for re-registration. The time limit is four months from the date on which he becomes aware that the registration of the document presented by unauthorised persons is invalid. The documents may be presented for re-registration in the office of registrar of the district in which document was originally registered. If the authority is satisfied as to the circumstances, the registering authority will re-register the document as though it has not been previously registered and such re-registered document shall be deemed to have properly duly registered for all the purpose from the date of its original registration.