A power of attorney holder may present a document for registration; the registrar cannot challenge the power's authenticity but must ensure payment of necessary stamp duties.

JUDGMENT

Dated this the 06^th day of December, 2022 The petitioner along with 4 others is the co-owner of the land comprised in Sy.No.85/7A and 85/7A-13 of Guruvayur Village, Chavakad Taluk, Thrissur District having an extent of 14.03 Ares. Out of the total extent, 12.60 Ares was obtained by the other co-owners and one Malathyamma under a Partition Deed of 1989. Malathyamma died on 16.05.1995 and her share devolved upon her daughters, who are two among the co-owners. The other extent of 2.43 Ares was obtained by the petitioner as per a Sale Deed of 2022. As the properties are lying contiguously, the owners decided to jointly construct a multi-storied residential apartment in the property. Accordingly an apartment complex was constructed and the apartments along with proportionate share in the land is being sold to individual purchasers.

2. The other four co-owners executed power of attorney in favour of one among them, namely; Remadevi. Ext.P3 is the power of attorney executed by one of the co-owners, Varma Arathi Lakshmi. On the strength of the power of attorneys, the petitioner along with Remadevi, approached the respondent for registering Ext.P4 sale deed in favour of one of the purchasers of the apartment. The respondent refused to register the document on the ground that Varma Arathi Lakhsmi being the sister's daughter of Remadevi, do not fall within the category of persons mentioned in Entry 44 in the Schedule to the Stamp Act. Aggrieved by the refusal to register the sale deed, this writ petition is filed seeking the following relief;

“(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to register the document (original of Ext.P4) presented by the petitioner and Vijayalakshmi.”

2. Adv.T.Krishnan Unni, learned Senior Counsel appearing for the petitioner as instructed by Adv.K.K.Mohamed Ravuf, contended that when the executant of a document, who is also the power of attorney holder, produces the document for registration, the Registrar has no other option but to register the document. In support of this contention, reliance is placed on the decision in Amar Nath v Gian Chand [Laws (SC)-2022-1-82]. Specific reference is made to paragraph 20 and 25 of the judgment to contend that the law has been clearly laid down to the effect that the inquiry contemplated under the Registration Act cannot extend to the question as to whether the person who executed the document in his capacity as the power of attorney holder of the principal was indeed having a valid power of attorney or not. It is hence contended that the authenticity of Ext.P3 power of attorney is way beyond the jurisdiction conferred on the respondent under the .

3. Adv.P.S.Appu, learned Government Pleader appearing for the respondents submitted that the executant of Ext.P3 power of attorney do not fall within the category of relatives mentioned in Entry 44 (f) of the Kerala Stamp Act, 1959 . As such, stamp duty under Entry No.21 or 22 is payable for registering the document on the strength of the power of attorney. Reference is also made to Sections 17, 32 and 33 of the Registration Act , to buttress the contention.

4. In the light of the decision in Amar Nath, there cannot be any doubt that the respondent is bound to register the document as presented for registration by the power of attorney holder who is also the executant of the document. This position is clearly laid down in the judgment, the relevant portion of which is extracted hereunder;

“20.In other words, when a person empowers another to execute a document and the power of attorney, acting on the power, executes the document, the power of attorney holder can present the document for registration under Section 32 (a). Section 32 (a) of the Registration Act deals with the person executing a document and also the person claiming under the same. It also provides for persons claiming under a decree or an order being entitled to present a document. Section 32 (b