Case Title: Harmohini Sarna Vs. Govt of NCT of Delhi Case No.: W.P.(C) 9445/2017 Date of Order: 28th January 2019 Court: High Court of Delhi Judge: Hon’ble Mr. Justice Vibhu Bakhru Neutral Citation: 2019:DHC:547
The petitioners, relatives residing in Delhi, sought to register a General Power of Attorney (GPA) in favor of Ms. Anjali Sarna for a property located in Haryana. The property’s location was outside the jurisdiction of the Sub-Registrar where the petitioners sought registration. The petitioners contended that since they resided in Delhi, they should be permitted to register the GPA there.
Procedural History:
The Sub-Registrar declined to register the GPA, citing jurisdictional limitations, and the petitioners appealed under Section 72 of the Registration Act, 1908. The appellate authority upheld the refusal, emphasizing that only a Special Power of Attorney (SPA) could be registered under the Minutes of Meeting held on 13.06.2005. The petitioners then challenged these orders before the High Court.
Issue:
Whether the petitioners, residing in Delhi, could register a General Power of Attorney for a property located in Haryana outside the jurisdiction of the Sub-Registrar where the registration was sought, given the provisions of the Registration Act and related circulars?
Decision:
The High Court allowed the petition, observing that the registration was permissible since the petitioners resided in Delhi, and there was no legal bar to registering a GPA there, especially one not creating interest or transferring title. The Court noted that the Registration Act, 1908, permitted registration of Power of Attorney where the principal resided, and existing circulars clarified that such registration could be done in the principal’s jurisdiction, regardless of the property’s location.
