(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:—
(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government.
Legal Commentary & Landmark Judgments: Section 33
Section 33 of the Registration Act, 1908 prescribes the mandatory authentication requirements for powers of attorney recognizable for the purpose of presenting documents under Section 32.
When executing a power of attorney in India solely to authorize an agent to present an already-signed sale deed before the Sub-Registrar, the principal must physically appear before their local Sub-Registrar to have the power of attorney authenticated under Section 33(1)(a).
When executing a power of attorney in India solely to authorize an agent to present an already-signed sale deed before the Sub-Registrar, the principal must physically appear before their local Sub-Registrar to have the power of attorney authenticated under Section 33(1)(a). Failure to do so invalidates the presentation.