MANU C. JACOB Vs. SUB REGISTRAR

JUDGEMENT

(1.) The scope and purport of identification of the party by a Registering Officer to register a power of attorney or any document is called in question in this writ petition.

(2.) A Singapore citizen of Indian origin is having an ancestral property in India. The Singapore citizen executed a power of attorney with an authority to transfer the immovable property in India. This power of attorney is a compulsory registerable document under Section 17(1)(g) of Part III of the Registration Act, 1908 as amended by Act 31 of 2013. The power of attorney has been executed in favour of an Indian citizen. He presented the power of attorney for registration.

(3.) The Registering Authority noting the mandate of Rule 72A of the Registration Rules (Kerala) insisted production of any of documents as referred in Rule 72A for identification of executant of power of attorney who is a foreign national. These documents are Pan card, ration card, identity card or like documents issued by the Government or any authority controlled by the Government. Admittedly, Singapore citizen does not have any such cards as referable under Rule 72A. The Registering Authority has no other objection for registering the power of attorney. The question is whether a foreign national need to produce any such documents as referred under Rule 72A.