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2018 Supreme(Ker) 663

ALEXANDER THOMAS
C. P. Ashok Kumar, S/o. A. P. Achuthan Nair – Appellant
Versus
Sub Registrar Thrithala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P. Radhakrishnansri. Madhu Radhakrishnan, M.D. Josephsri. Nelson Joseph
For the Respondent: Smt. A.C.Vidhya, Govt. Pleader

JUDGMENT :

1. The petitioner is aggrieved by the stand of the 1st respondent in insisting that Ext.P1 notarized power of attorney executed by his brother in favour of the petitioner for effectuating sale of his brother's property should necessarily be authenticated by the Registrar or Sub-Registrar within whose district or sub district the principal resides as envisaged in clause (a) of Section 33(1) of the Registration Act, 1908. The petitioner is the brother of one C.P.Anand, who is now permanently residing at Mumbai. According to the averments in the Writ Petition (Civil), the petitioner’s brother is suffering from serious ailments and he wants to alienate his landed property in Kerala for meeting his medical needs and that since he is unable to travel to Kerala for the said purpose, he has executed Ext.P1 power of attorney attested before an authorized Notary Public, whereby the petitioner has been appointed as his brother’s power of attorney for execution of the sale deed for and on behalf of the petitioner’s brother and for presenting the sale deed for registration before










































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