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Elizabeth Rajan Daughter of late Mr. Thanarajan – Appellant
Versus
Inspector General of Registration – Respondent
JUDGMENT :
PUSHPA SATHYANARAYANA, J.
The interesting question that arises for consideration in this appeal is, whether a Power of Attorney executed outside India is in compliance with Section 14 of the Indian Notaries Act, 1952 and its authentication.
2. When the question as to whether the entry of the sale deed dated 18.02.2005 registered as Doc. No. 894 of 2015 should be removed, came up for consideration, the learned Single Judge dismissed the writ petition even at the admission stage itself holding that such a relief could not be granted in exercise of the jurisdiction under Article 226 of the Constitution of India and the writ petitioner filed the instant appeal questioning the said order.
3. The sale deed in dispute dated 18.02.2005 was executed by the writ petitioner/appellant’s father one, Mr.Dhanarajan, represented by his Power of Attorney. The said General Power of Attorney was executed in Malaysia on 05.05.2004. The appellant has challenged the sale deed, which has been registered by the Power of Attorney that was executed in Malaysia, contending that the Power of Attorney is contrary to the provisions of Section 14 of the Notaries Act, 1952 which does not include Malaysia i
The court affirmed that a power of attorney, duly notarized and authenticated in a foreign jurisdiction, is valid under Indian law, regardless of a lack of reciprocity notification, emphasizing inter....
Recognition of foreign notarial acts requires proof of reciprocity under the Notaries Act; without it, presumption of due execution under the Evidence Act does not apply.
The verification of a plaint before a Notary Public in a foreign country is valid and does not violate the mandatory provisions of law. Amendments to the Civil Procedure Code (CPC) are procedural in ....
(1) Challenge to very execution of a document, is a challenge to its very DNA and any defect or illegality on execution, is congenital in nature.(2) Examining whether Registering Authority did someth....
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
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