A two-judge bench has thrown into question a 2009 precedent by asking a larger Constitution Bench to decide whether a Power of Attorney (PoA) holder truly becomes the “executant” of a sale deed—or must still meet the Act’s authentication norms—when presenting it for registration.
The court, led by Justices Sanjay Kumar and K.V. Viswanathan, took issue with the Rajni Tandon judgment, which held that an agent signing on behalf of a principal automatically counts as the deed’s executant, thereby sidestepping the authentication steps under Sections 33 and 34 of the Registration Act. Rejecting that view, the bench emphasized that merely signing in the principal’s name does not convert an attorney into the deed’s maker in law.
Under the Registration Act, the registering officer must verify both the identity of the individual before them and the authority by which they act. If PoA holders were treated as executants, the Court warned, registering officers would be relieved of their duty to scrutinize the PoA itself—opening the door to potential fraud and eroding confidence in property records.
The judges illustrated the anomaly: a notary-acknowledged PoA holder could execute and register a sale deed without further checks, yet a subsequent PoA presented solely for the mechanical act of registration would trigger stringent authentication requirements. Such a paradox, the Court said, demands definitive resolution.
Against this backdrop, the matter was referred to the Chief Justice for prompt constitution of a larger bench. Once seized of the issue, that bench will answer whether an agent retains only agency status—or becomes a self-standing executant—when conveying and registering immovable property on behalf of another.
Key Takeaways:
Agency vs. Execution: Signing a sale deed in someone else’s name does not confer executant status.
Registrar’s Duty: Sections 33–35 require authentication of PoAs, ensuring the presenter truly has authority.
Precedent in Doubt: The Rajni Tandon decision is under challenge; the final view will arise from a larger bench.
