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2022 Supreme(Mad) 418

Elizabeth Rajan Daughter of late Mr. Thanarajan – Appellant
Versus
Inspector General of Registration – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.AR.L.Sundaresan, Senior Counsel for Mr.P.V.Balasubramaniam for M/s.BFS Legal
For the Respondent: Mr.D.Ravichander, State Government Counsel for Ms.Lita Srinivasan, Mr.R.Subramanian

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

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