AIROnline 2025 SC 571

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Supreme Court Of India

(From : AIROnline 2021 Tel 195)

Hon’ble Judge(s):

Sanjay Kumar,
K. V. Viswanathan
, JJ

Registration Act (16 of 1908) , S.32(a), S.33, S.34, S.35, S.69— Andhra Pradesh Registration Rules (1960) , R.49— Power of attorney holder – Requirements of Ss. 32(c) and 33 of Registration Act – Applicability – Reference to larger bench – Since Bench of Supreme Court was unable to agree with view taken by another bench in an earlier case (Rajani Tandon (2009) 14 SCC 782 :2009 AIR SCW 5416), that a power-of-attorney holder who signs a sale deed on behalf of principal would become ‘executant’ thereof and would be covered by S. 32(a), and therefore he/she need not fulfill requirements of Ss. 32(c) and 33 and the contextual rules framed thereunder, issue was required to be addressed and conclusively settled by a larger Bench – Registry of Supreme Court was directed to obtain necessary orders from the Hon’ble The Chief Justice, regarding same.

(Para 17
18)

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