Power-of-attorney recognisable for purposes of section 32
Section 33 of the Registration Act, 1908 deals with power-of-attorney recognisable for purposes of section 32. 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 authentic The Act came into force on 01 Jan 1909.
(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 1 [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 2[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 1India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3[Indian] Consul or Vice-Consul, or representative 4***of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:--
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5[Explanation.In this sub-section India means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.
Section 33, The Registration Act, 1908 (Act 16 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Asset Reconstruction Company (India) Ltd. v. S.P. Velayutham & Ors.
Court's Decision & Legal Precedent
Under Registration Act s.32, every document must be presented by the executant/claimant (or representative/assign) or by an agent authorised under s.32(c). Where presentation is by an agent of the executant/claimant/representative/assign, the agent must hold a PoA executed and authenticated in the manner in s.33(1)(a)–(c); authentication ≠ registration. The registering officer must comply with the Act’s presentation scheme and is not a mere mechanical registrar. Appeals allowed; Madras DB set aside; Single Judge restored. DATE-VERIFIED full REPORTABLE judgment PDF order-6.pdf 2022-05-04 (portal markdown can be a pronouncement stub — PDF is the merits judgment).
On this section: Primary teaching of s.33: which PoAs are recognisable for s.32 presentation; authentication by listed authorities is the statutory requirement, not synonymous with registration of the PoA.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 33
What have the courts held on Section 33 of the Registration Act?
Asset Reconstruction Company (India) Ltd. v. S.P. Velayutham & Ors. (04 May 2022) is the leading judgment on this section among those set out below: Primary teaching of s.33: which PoAs are recognisable for s.32 presentation; authentication by listed authorities is the statutory requirement, not synonymous with registration of the PoA.
How do I find court cases under Section 33 of the Registration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Registration Act 33, section 33 Registration Act, section 33 of the Registration Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Asset Reconstruction Company (India) Ltd. v. S.P. Velayutham & Ors. (04 May 2022).
What should I read with Section 33 of the Registration Act, and has it changed?
Its own text turns on General Clauses Act 3 (Definitions), section 32 (Persons to present documents for registration), so none of them can safely be read on its own. One instrument names it without being made under it, most recently The Rajasthan Registration Rules 1955 Volume-I (1955).
When did Section 33 of the Registration Act come into force?
Section 33 of the Registration Act, cited as Registration Act 33, came into force on 01 Jan 1909, having been enacted on 18 Dec 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed3309 words
- 17. Documents of which registration is compulsory1430 words
- 69. Power of Inspector-General to superintend registration offices and make rules1164 words
- 80. Fees payable on presentation1120 words
- 51. Register-books to be kept in the several offices868 words
- 22. Description of houses and land by reference to Government maps or surveys737 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.