LAWS(MAD)-2022-2-24

DR.ELIZABETH RAJAN Vs. INSPECTOR GENERAL OF REGISTRATION

Decided On February 02, 2022
Dr.Elizabeth Rajan Appellant
V/S
INSPECTOR GENERAL OF REGISTRATION Respondents

JUDGEMENT

(1.) The interesting question that arises for consideration in this appeal is, whether a Power of Attorney executed outside India is in compliance with Sec. 14 of the Indian Notaries Act, 1952 and its authentication.

(2.) When the question as to whether the entry of the sale deed dtd. 18/2/2005 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 dtd. 18/2/2005 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 5/5/2004. 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 Sec. 14 of the Notaries Act, 1952 which does not include Malaysia in the reciprocal arrangements for recognition of notarial acts done by foreign notaries, since Malaysia is not a signatory to the Convention dtd. 5/10/1961. In other words, the registration of sale deed without a valid Power of Attorney is invalid and liable to be set aside.