Power of Attorney touching on to immovable property or revocation or cancellation of such Power of Attorney is registered in Book 4, “Miscellaneous Register”, given that long.
It has additionally been delivered to the word that licensed reproduction of Power of Attorney about immovable property or deed of revocation or cancellation of such Power of Attorney which has been registered in Book 4, “Miscellaneous Register”, is now not issued by way of the registering officer upon request from consumers or subsequent customers of such immovable property as Sub-section (3) of Section 57 of the Registration Act, 1908, restricts the issuance of a licensed replica of any file registered in Book 4, “Miscellaneous Register”, solely to any individuals executing or claiming below the record or to his agent or representative.
In practice, the ‘Power of Attorney’ archives is drastically used in transferring immovable properties. The potential shoppers of such immovable homes are dealing with the situation in making sure whether or not the Power of Attorneys proven to them is true and in pressure or not. Even after shopping for such immovable property, the customers are additionally discovering it challenging in mutating their names in the income archives as the income authorities insist on manufacturing of hyperlink document, i.e., the Power of Attorney which the customers should no longer acquire of their very own from the registration authorities.
Further, in phrases of Sub-section (2) of Section fifty-one of the Registration Act, 1908, authentic copies of all archives and all memoranda registered below sections 17, 18 and 89, which relate to immovable property and do now not will be filed in Book 1, “Register of non-testamentary files bearing on to immovable property”.
To dispose of the above-stated difficulties confronted by way of the registrant public as properly as in large public hobby and for enhancing the Ease of Doing Business state of affairs in the State and additionally to make parity in the registration process, the following selections has been taken:
1. It is clarified and made obligatory that from now onwards Power of Attorney touching on to immovable property which includes settlement giving authority to a promoter or developer for building on or sale of or transfer of any immovable property should be registered or filed in Book 1, “Register of non-testamentary files about immovable property”.
2. Regarding the issuance of licensed copies of Power of Attorneys concerning immovable homes or deeds of revocation or cancellation of such Power of Attorneys already registered or filed in Book 4, i.e. “Miscellaneous Register”, it is hereby clarified that:
a. Any customer or subsequent purchaser who has already bought any immovable property on the foundation of such Power of Attorney(s) is entitled to get a licensed reproduction of the respective Power of Attorney(s) or deed(s) of revocation or cancellation of respective Power of Attorney(s). The registration authority ought to make sure that the licensed reproduction is issued to such purchaser or subsequent client solely after ideal identification. In case of death of such purchaser or subsequent buyer, his or her felony heirs will be entitled to get the licensed reproduction of the strength of attorney.
b. The registration authority shall additionally problem licensed reproduction of such Power of Attorney(s) touching on to immovable property (or properties) or deeds of revocation or cancellation of such Power of Attorney(s) to a potential customer or claimant even earlier than the execution of any sale or switch deed in his or her favour utilizing a “power of attorney” holder, upon manufacturing by way of such potential purchaser or claimant an authorization bought from the involved strength of legal professional holder or the worried main to that effect.
Necessary adjustments in the thee-Nathikaran System will be carried out from the 18th day of March 2020.
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