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Procedural changes make PoA more protective

Many changes in execution and registration of Power of Attorney have been introduced to protect the rights of owners, writes R.L.Narayanan

. Photo: N.Sridharan.

Matter of concern: Serious note has been taken of the misuse of PoA

Several changes have been introduced, with regard to execution and registration of Power of Attorney, in Tamil Nadu. Prior to these changes being effected, there was a practice of registering the Power of Attorney, in any Sub Registrar’s Office.

The State Government had taken serious note of the misuse of Powers of Attorney by taking advantage of the then existing system. It was found that instances of impersonation, fraud and forgery were verified and the suffering of innocent public was taken note of.

Consequently, many changes in the process of execution and registration of Power of Attorney have been introduced with the intention of protecting the rights of the owners and also purchasers of immovable property.

At present, for a Power of Attorney executed within Tamil Nadu for dealing with immovable property, attestation under section 33(1)(a)of the Registration Act is being insisted.

This means that it should be presented before the Sub-Registrar of the Registrar of Assurances concerned, having jurisdiction in respect of the immovable property. If it is a general Power it shall be registered so as to give full protection to the would be transferee in the interest of the public.

When a Power of Attorney has been registered outside Tamil Nadu but within India for the purpose of dealing with immovable property situated within the State , then in the event of any transaction relating to the said property, being effected by the Agent, the original Power of Attorney along with original Title Deeds and/or Revenue Records of the property as the case may be, to establish the ownership of the property in favour of the principal mentioned therein, have to be produced before the registering authority. Further, photo identification document issued by the other State Government in favour of the Principal has to be produced to enable the registering authority to verify the genuineness of the transaction.

Precautions

For registration of the Power of Attorney, photographs of the Principal, Agent and the Witnesses have to be affixed in the documents. Further, precautions like affixture of signatures, thump impressions would also be taken.

The photograph of the Agent has to be attested by the Principal with his or her signature.

Further, original of any one of photo identity cards of the Agent like Ration Card, Driving Licence, Passport, Voters ID or Pan Card, etc., have to be produced for verification. The registering authority may insist on the Power Agent to execute the document.

The Power of Attorney should contain a full description of the property including the name of the Village, Town, Street, Survey Number, Sub-division Number, four boundaries etc., in respect of properties either to be sold or to be purchased in the name of the Principal. In respect of multi-storied building the extent of undivided share also should be clearly mentioned and in case of layout the Plot Nos and their respective boundaries shall be given independently.

Earlier, there was no necessity to trace the history of title of the Principal. Now, the Power of Attorney must contain in the recital details of how the property belongs to the Principal either quoting the previous document no or the Patta and other Revenue Records and if the Patta is in others’ name like father etc how it devolved upon the Principal. The original records should be produced to the Sub-Registrar for verification.

Further changes

If the Principal is residing in a foreign country and giving power in respect of properties situated in Tamil Nadu, then the Power of Attorney should be property adjudicated as per prescribed procedure. This Power of Attorney also should contain all other details as mentioned above, together with the photograph of the Agent.

While registering documents using the Power of Attorney, the original instrument of Power of Attorney shall be produced before the Registering Authority. Proof of the Principal being alive may be required. Enquiry can be made to ascertain whether the Power is in force as on date. If the Power has already been registered with any other office, then the registering authority will require confirmation of such execution through E-mail or otherwise. There could be further changes in the procedure.

A system is being evolved to check the registration of Powers of Attorney by checking the relevant index for registration of Power of Attorney while dealing with the property. Instructions have been issued to ensure that the proper information is circulated to the office of the registering authority when a Power of Attorney may contain particulars of other immovable properties. Certain precautionary measures have been introduced in respect of revocation and cancellation of Powers of Attorney, as well as verification of records available with the registering authority.

The registering authority has been given the power and the responsibility to make verifications and undertake such measures as may be required to arrive at complete satisfaction regarding identity and registration of the documents. The Registrar can also take measures to ensure that there is no issue relating to the identity of the persons concerned, by comparing the photo identity documents with personal appearance. Certain steps have been implemented to assist the Police Department by providing quick responses, in respect of information required by the Police. The registering authorities have also been advised to file complaints in case of fraud, forgery, impersonations etc.

All these measures, have been introduced taking into consideration the large scale prevalence of false documents, forgery, impersonations and also the interest of public at large.

PARTNER, RANK ASSOCIATES

Email: rank@vsnl.com

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