A registered power of attorney holder can present a deed for registration without the principal's presence, as the Registration Act mandates registration when properly executed.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner against the Opposite Parties praying for directing the Sub- Registrar, Banki (O.P. No.3) to register the deed for sale dated 18.08.2025 (original of Annexure-1).

2. The case of the petitioner in this writ petition is that, when he (petitioner) presented the deed for sale dated 18.08.2025 (original of Annexure-1) before the Sub-Registrar, Banki (Opp. Party No.3) as the registered power of attorney holder of the executant Manjuli Nayak being present with the vendee/purchaser of the said deed and witnesses thereof along with the original registered power of attorney executed in favour of the petitioner by the executant for registration of the deed for sale, the Opp. Party No.3 orally refused to receive the said deed for sale (original of Annexure-1) and expressed orally that, unless the principal of the petitioner i.e. Manjuli Nayak appears before him (Opp. Party No.3) and present the deed for sale personally, he (Opp. Party No.3) shall not receive the same for registration and he (Opp. Party No.3) shall not register the same and also further expressed that, the deed for sale cannot be registered on presentation made by the power of attorney holder i.e. by the petitioner, because, the physical presence of the principal of the petitioner i.e. Manuli Nayak before him (Opp. Party No.3) is compulsory for registration of the deed.

3. On being dissatisfied with the aforesaid refusal to receive deed for registration by the O.P. No.3, the Petitioner filed this writ petition under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the O.P. No.3 to accept the deed for sale dated 18.08.2025 executed by Manjuli Nayak through her registered power of attorney holder i.e. petitioner in favour of the vendee/purchaser thereof for registration and to register the same on presentation by the petitioner, as the registered power of attorney holder of the executant Manjuli Nayak.

4. I have already heard from the learned counsel for the Petitioner and the learned Standing Counsel for the State-Opp. Parties.

5. Sub-Clause 1(a) of Section 33 of The REGISTRATION ACT provides that, when, a deed for sale is presented for registration on being executed by its executant through its registered Power of Attorney holder, in that case, the registrar or sub-registrar can act upon the same for registration.

6. On this Aspect the propositions of law has already been clarified in the ratio of the following decisions:-

(i) In a case between R.Pannerselvam Vrs. A.Subramanian and another reported in 2009 (3) Civ.L.T. 441 (Madras) that,

executing the registered sale deed by a power of attorney in favour of a purchaser, there should necessarily be a registered power deed.

(ii) In a case between Cherryl Ann Joy Vrs. Sub- Registrar, Sub Registrar Office, Udumbanchola reported in 2019 (I) CCC 171 (Kerala) that,

SRO can act upon power of attorney, only, if it is registered in terms of provisions mentioned/contained in REGISTRATION ACT .

(iii) In a case between Ravindra Kumar Vrs. State of U.P. and others reported in 2021 (1) Civ.C.C. (Allahabad) 103 (DB) in Para No.25 that,

presentation of document for registration. Power of attorney holder can execute a document as agent for someone else and present the document for registration and get it registered.

As per the provisions of law envisaged in the Powers of Attorney Act, 1882, the Indian Contract Act, 1872 and Section 33(1)(a) of the REGISTRATION ACT , 1908, the main purpose/object of the execution of power of attorney is to authorize an agent by the executan