Registration of the Power of Attorney

Registration of the Power of Attorney

Though registration of special power of attorney is not compulsory yet the court is not bound to presume its genuineness unless it is registered.

Power of attorney need not be attested or registered but if it gives authority to present a document for registration under section 32 of the Registration Act, it must be executed before and authenticated by as per the provision of section 33 of the Registration Act, the Registrar or sub registrar or where the registration Act is not in force before any magistrate or if it is executed outside Pakistan before a Notary Public or any Court, Judge, Magistrate, Pakistani Consul or Vice Consul. It is however useful to have it executed before and authenticated by Notary Public or any Court Judge, Magistrate, Pakistani Consul or Vice Consul or representative of the Central Government, because in that case any court before which it is proceeded shall be presume its genuineness under section 85 of the Evidence Act and formal proof of execution will be dispensed with.

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