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 in the reciprocal arrangements for recognition of notarial acts done by foreign notaries, since Malaysia is not a signatory to the Convention dated 05.10.1961. In other words, the registration of sale deed without a valid Power of Attorney is invalid and liable to be set aside.

4. The writ petitioner is none other than the daughter of the original owner Mr.Dhanarajan. The third respondent is his Power of Attorney and the fourth respondent is the purchaser under the sale deed. The writ petition is filed in the year 2019, after 14 years of the execution of the sale deed.

5. To determine the validity of the execution of a Power of Attorney outside India, in this case Malaysia, the relevant provision of law that need to be referred is Section 14 of the Notaries Act, 1952, which is reproduced below :

"14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries. —If the Central Government is satisfied that by the law or practice of any country or place outside India, the notarial acts done by notaries within India are recognised for all or any limited purposes in that country or place, the Central Government may, by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within India for all purposes or, as the case may be, for such limited purposes as may be specified in the notification."

6. Sections 32 (c) and 33 of the Registration Act, 1908, are also relevant and the same read as hereunder :

"32. Persons to present documents for registration.— Except in the cases mentioned in sections 31, 88 and 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office,—

(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.

33. Power-of-attorney recognisable for purposes of section 32 — (1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:—

........

(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government:

Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:—

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;

(ii) persons who are in jail under civil or criminal process; and

(iii) persons exempt by law fro