Registration of power of attorney is not compulsory. However, a power of attorney given for transfer of an immovable property of value more than Rs.100 must be compulsorily registered. If a power of attorney has been executed in a foreign country, the signature of the notary or judge before whom it is executed is required to be legalised by an accredited representative of the Indian embassy in that country. Proper stamp duty must be paid on such Power of Attorney within 3 months from the date of receipt of the power of attorney in India. While elaborating the scope of power of attorney the Hon’ble Apex Court in Suraj Lamp and Industries Pvt. Ltd. V/s. State of Haryana and Another (Spl. Leave Petition No. 13917 of 2009 dated 11/10/2011) held that a power of attorney relating to immovable property must be compulsorily registered, and also held that decision in this authority would have prospective application. It is further held that the above observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine ransactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. The State of Maharashtra, recently passed Registration (Maharashtra amendment) Act, 2010 which came into force from 1st April 2013, whereby Irrevocable Power of Attorney, relating to transfer of immovable property made after 1 April 2013, is required to be compulsorily registered.
