Section 33: Power of Attorney Recognisable for Registration under Section 32

Section 33 of the Registration Act, 1908 identifies the powers of attorney that may be recognised when an agent presents a document for registration under Section 32. It prescribes who must authenticate the authority, depending on where the principal resides, and makes special arrangements for persons unable or exempt from attending an office.

Meaning and scope of Section 33

A principal is the person granting authority; an agent is the person authorised to act on the principal's behalf. A power of attorney is an instrument authorising the agent to perform specified acts. For the purposes of Section 32(c), Section 33(1) recognises only powers of attorney executed before and authenticated by the designated authority.

Section 33(1)(a): Principal residing where the Act applies

If, at the time of execution, the principal resides in a part of India where the Registration Act is in force, the power of attorney must be executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides. Mere notarisation does not, by itself, fulfil this particular statutory method of authentication for an agent relying on Section 32(c), subject to applicable legal exceptions and state amendments.

Section 33(1)(b): Principal residing in a part of India where the Act does not apply

If the principal resides in a part of India where the Act is not in force, Section 33(1)(b) recognises a power of attorney executed before and authenticated by any Magistrate. Whether this category applies must be assessed according to the law in force in the relevant territory.

Section 33(1)(c): Principal residing outside India

Where the principal does not reside in India when executing the power of attorney, the provision recognises execution before and authentication by a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government. For documents executed abroad, check the applicable Indian stamp-duty provisions, rules for stamping after receipt in India, consular or apostille/legalisation requirements where relevant, and the requirements of the receiving registration office. An apostille alone should not be assumed to dispense with the statutory authentication requirement.

Exemptions from personal attendance: Proviso to Section 33(1)

The proviso exempts the following persons from attending a registration office or court to execute a power of attorney falling under clauses (a) and (b):

• Persons whose bodily infirmity prevents attendance without risk or serious inconvenience.
• Persons in jail under civil or criminal process.
• Persons exempt by law from personal appearance in court.

Explanation: For Section 33(1), the term India has the meaning assigned by Section 3(28) of the General Clauses Act, 1897.

Section 33(2) and (3): Verification without attendance

Under Section 33(2), the Registrar, Sub-Registrar or Magistrate, as appropriate, may attest the power of attorney without requiring attendance at the office or court if satisfied that it was voluntarily executed by the person purporting to be the principal.

Under Section 33(3), the officer may personally visit the principal's residence or the jail where the principal is confined to examine the person, or may issue a commission for examination, to establish voluntary execution.

Section 33(4): Proof of authentication

A power of attorney covered by Section 33 may be proved by producing it without further proof when it appears on its face to have been executed before and authenticated by the relevant authorised person or court. This statutory rule does not automatically cure forgery, lack of authority, invalid execution or other substantive defects.

Practical steps before presenting a document

1. Determine whether the person presenting the instrument is an executant, claimant, representative, assign or an agent under Section 32.
2. If an agent acts under Section 32(c), identify the principal's residence when the power of attorney was executed and obtain the authentication prescribed by Section 33.
3. Check that the authority expressly covers the proposed presentation and registration, and complies with applicable state stamp, registration and identity requirements.
4. Present the original or legally acceptable power of attorney and supporting documents to the proper registration office; comply with the registering officer's enquiry under Section 34.

Related statutory provisions

Section 31 permits attendance at a private residence on special cause; Sections 32 and 32A govern presentation and photographs/fingerprints; Section 34 governs enquiry before registration; and Section 35 concerns admission or denial of execution.

Official legal resources

For the authoritative text, amendments and territorial applicability, consult India Code, the Legislative Department and the relevant State Registration Department's published rules and notifications.

Frequently asked questions

What is Section 33 of the Registration Act, 1908?

Section 33 specifies which powers of attorney are recognised for an agent presenting a document for registration under Section 32.

Can a power of attorney executed abroad be used for registration in India?

Section 33(1)(c) recognises a power of attorney executed before and authenticated by a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government, subject to applicable state rules and other legal requirements.

Must an infirm person attend the registration office to execute a power of attorney?

The proviso to Section 33(1) exempts specified persons, including those unable to attend because of bodily infirmity. Under subsections (2) and (3), the authorised officer may verify voluntary execution at the residence or jail or through a commission.