AMOSE Vs. SUB REGISTRAR - MEENACHIL

JUDGEMENT

(1.) The petitioner states that he is the power of attorney holder of a certain Manoj Mullackal Varkey and his wife, Smt Lovina Manoj Varkey. As the petitioner is employed and settled at Kuwait, the power of attorney was attested on 27.7.2020 at the Consular Office, Embassy of India, Kuwait.

(2.) It appears that Manoj and his wife are the owners of certain items of immovable property situated at Puliyannor Village, and they wanted to avail a property loan from the Federal Bank Ltd., for the purpose of constructing a building. On the strength of the Power of Attorney, the petitioner has been authorised to execute necessary loan documents with the bank for and on behalf of his principal; to enter into agreements/ contracts for purchase of immovable properties/flats in their name; to make payments or advance as may be required; to submit necessary applications before the revenue authorities or local bodies; to hypothecate or mortgage the immovable properties; to compromise or withdraw cases; grant leases of immovable properties and to prosecute litigations among other things.

(3.) As per Section 17 (g) of the Registration Act, 1908, a Power of attorney which creates any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in- law or daughter-in-law of the executant is compulsorily registrable. The petitioner presented the document before the respondent for registration. However by Exhibit P 2 communication, the respondent refused to register the power of attorney stating the following reasons:-