...application to dismiss the EP on the ground that power of attorney has not been registered as mandated under Section 17(h) of the Registration Act, 1908. The Trial Court has dism..., hence, this revision. 3. The learned counsel for the petitioner submitted that as per Section 17(h) of the Registration Act, power of attorney.... Page 2 of 6 5. The only ground on which the impugned order assailed is that the power of attorney is not registered as mandated un...

...A. Muhamed Mustaque, J.:— The short issue in this writ petition whether a power of attorney executed in the name of the petitioner's father's brother would attract compulsory registration under.... This power of attorney executed before a notary public. 4. On presentation of the partition deed, the Sub Registrar found this power of attorney is compulsorily register...daughter-in-law of the executant is compulsorily registerable. Those power of attorney are one creating power, right of management, administration, development, transfer or any other transaction r...

...Jayaraj Houstan would submit that a Power of Attorney requires registration by virtue of Section 17(1)(h) of the Registration Act as it deals with immovable pro...favour of the defendants is the matter in dispute. He would point out that it is a notarized Power of Attorney and therefore, entitled to the benefit of Section 85 of the Indian Evidence ...a bar for receipt of the Power of Attorney is concerned, I have to point out that the amendment to the Registration Act was made under Tamil Nadu Act 29 of 2012 with effect from ...

...respondent/Sub Registrar refused to accept and act upon Ext.P2 Power of Attorney, for the purpose of executing Ext.P1 assignment deed. In Ext.P3, the 2nd respondent w...counsel for the petitioner would submit that the Power of Attorney was executed outside India and the same has been adjudicated in terms of Section 32(1)(b) of the Kerala Stam...referred facts and circumstances, the petitioner will be at liberty to present the Power of Attorney for the purpose of registration before the 2nd respondent/Sub...

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...very same question of law and held: "9. Insofar as the finding of the trial Court that General Power of Attorney dated 14.03.1995 was a compulso...to Section 17 of the Registration Act making the General Power of Attorney compulsorily registrable came into force only from 24.09.2001 when the same was...for respondent No.3 submits that though the Power of Attorney was not required to be registered when it was executed, but in view of Section 33 of the Registration Act, 1908, whe...

...establish such a sale as also whether Damodaran is alive or dead and that the alleged Will said to be registered on 3.6.1992 is not probated, while the General Power of Attorney dated 3.6.1992 is not registered as required ...Ram Mohan Reddy, J.:— This petition is for a direction to the respondent-Bangalore Development Authority to accept the regularisation charges with penalty of 25% per annum in respect of...the schedule properties. The petition is opposed by filing statement of objections contending that though the petitioner claims to be the purchaser of a site from the original allottee, in the absence...

...executed on stamp paper bearing Rs.100, the said document was sufficiently stamped and the impugned order passed by the trial Court impounding the General Power of Attorney dated 14.03.1995 deserves to be set aside. Point N..., the trial Court also failed to consider and appreciate that the amendment to Section 17 of the Registration Act making the General Power of Attorney compulsorily...said document was liable to be impounded. The trial Court also came to the conclusion that the General Power of Attorney required registration under Sections 17(1), 17(2) and 17(3) ...

...justified in refusing to accept the unregistered deed of Power of Attorney dated 21.2.2007, as the power or authority granted to the Petitioner could not be fettered by the issuance of the Circula...accepted the unregistered deed of Power of Attorney executed before that date.Shri Singh, the learned Senior Counsel for the Corporation supported the impugned order and submitted that in view ...property. It is stated that the deed of Power of Attorney dated 21.2.2007 was tendered by the Petitioner to the Corporation for the first time on 21.6.20014, while seeking permission for development of the...

...impediment in the petitioner's son executing the power of attorney for the purpose of registering the sale deed since Section 17(1)(g) of the Registration Act, 1908 prov...SARFAESI proceedings and it has reached the stage of taking physical possession of the property by appointing Advocate Commissioner under Section 14 of the SARFAESI Act. The petitioner had earlier...rider that the sale should be conducted immediately. As the petitioner's son is lodged in jail, the sale has to be conducted by the petitioner on the strength of a power of attorney to be executed in...

...Ext.P1 letter as well as the action of the 3 rd respondent in insisting registration of power of attorney.2. Learned counsel for the petitioner points out that as per Section ...respondent.4. Learned Standing Counsel fairly admitted that the insistence by 3rd respondent that power of attorney should be registered is contrary to the provisions contained in Section 17 (1) (g....5. Section 17(1)(g) reads as follows:17. Documents of which registration is compulsory.--(1) The following documents shall be registered, if the...

...Officer, whereby the petitioner was informed, that he is not a person authorised to receive Power of Attorney in terms of Section 17(1)(g) of the Registration (Kerala Amendment) ...request made by the petitioner in Ext.P2 on Ext.P1 power of attorney since the petitioner is not a person authorised to receive power of attorney in terms of Clause (g) of sub-...constrained to set aside the judgment of learned Single Judge and thus allow the appeal with the aforesaid directions." 7. Section 17 of the Registration Act, 1908 d...

...Public regarding the manner of execution or the person executing the power of attorney, presumption of execution could not be raised in favour of the power of attorney a...Section 18 of the Stamp Act, 1899, and the said letter of Foreign Power does not specify the petition property also...Section 16(2) of the Tamil Nadu Civil Rules and Practice. Secondly, the General Power of Attorney dated 9.5.2005 filed along with the said RCOP filed by the 10th respondent does ...

...Ext.P1 power of attorney for registration before the 3rdrespondent for registration under Section 17(1) of the Registration Act, and the 3rd... J U D G M E N T Petitioner has approached this Court aggrieved by Ext.P3 whereby the request made by him for adjudicating the power of attorney has been rej.... Kunjachan v. Revenue Divisional Officer and Another [2017 (4) KHC 335], wherein the stand taken by the Revenue Divisional Officer that the power of attorney cannot be...

.... As per Section 17 (g) of the Registration Act, 1908, a Power of attorney which creates any power or right of management, administration, development, transfer...be paid under Article 44(f) to the Schedule has been paid. There is no dispute with respect to the above fact. 8. By Exhibit P1 power of attorney, authority has been conferred to the petitioner ...adjudication under Chapter III of the Kerala Stamp Act, 1959. The 2 respondent, exercising power under Section 32(1)(b) of the Stamp Act, directed the petitioner to remit a sum of Rs. 17,...

...serial no.4 is disputed on the ground that as per section 17 read with section 49 of the Registration Act, the document is in-admissible. Insofar as the document at serial nos.5 and 6 are concerne...., AIR (37) 1950 Bom. 326 and in particular paragraphs 2 to 7 in support of the submission that the power of attorney executed by the father ...power of attorney in favour of the defendant no.3 as a donee by the father of the defendant no.3 He strongly placed reliance on section 17(1)(b) of the Registration ...

...contention that the Power of Attorney cannot be admitted due to non-registration, in view of the prohibition contained in ...requires compulsory registration under Section 17 of the Registration Act. There is no quarrel with the propositi...by the recitals. Therefore, according to the learned counsel for the applicants/petitioners, where an authority is given to do particular act, the Power of Attorney should be construed as authorising...

...acts-Power conferred held to be omnibus one and not to do particular Act.Power of attorney, Presumption u/s.85 Evidence Act conditions to be satisfied...two witnesses. As per the decision cited above the legal mandate under section 85 of Indian Evidence Act that such a Power of Attorney should be executed before the Nota...public and(2) it should be authenticated by notary public - when power of attorney is attested by Notary Public in all page after execution by principals, it is prima facie satisfaction of section 85...

...Notarized Power of Attorney Deed marked as Ex. A6 and therefore, there is no cause of action for the present suit.8. It is the further case of the petitioner/defendant that by virtue ...Section 33 of the Indian Registration Act, as the deeds purport or operate to create right, title or interest. Therefore, he would ....10. The Trial Court, on a perusal of Exs. A5, A6 and A8, Notarized Power of Attorney documents, clearly held that they have been duly stamped and they do not require any registration under...

...Section 17 of the Registration Act, 1908. Any other form of conveyance, more appropriately by execution ...vendor-in-title admitting receipt of consideration and placing the Holder of the Power of Attorney in possession of immovable property, does not conform to the mandate of ...listed for further orders, with the consent of the Learned Counsel for the parties, is finally heard and disposed of by this order.2. Petitioner claims to be a Power of Attorney holder ...