105. Presentation by representatives; assignees or agents.
- If the document having been executed by the principal be presented by a representative or assign the latter should satisfy the registering officer of his status, if by an agent, he must produce a power of attorney authenticated in the manner prescribed in section 33 of the Act. But care must be taken to distinguish between deeds executed by agents in pursuance of power in that behalf conferred upon them by their principals, and deeds executed by principal presented for registration by agent empowered in that behalf. It is not the duty of the registering officer to satisfy himself of the power of an agent being the actual executant of an instrument to execute it. i.e. to deal with the property forming the subject-matter of the deed. The registering officer does not record any confirmation of that power. His duty is confined to the question whether the persons purporting to have executed the instrument have in fact done so or not. There are three possible cases:(1)where the actual executant, or person claiming under the Instrument appears:(2)where a representative or an assign of such person appears:(3)where an agent of either of the above person appears:In the first case, the registering officer has simply to ascertain whether the person so appearing does not admit execution, and the identity: he is not concerned with the capacity in which the executant acted in signing the document. In the second case, the registering officer has further to satisfy himself as to the right of the representative or the assign to appear in that capacity and to admit execution. In the third case, the registering officer has simply to see whether the person appearing is an agent duly empowered as prescribed by section 33 to appear and bind his principal, viz, the executant, person claiming under the instrument, representing or assign with an admission of execution. In the power of attorney is in a language which the registering officer does not understand and which is not commonly used in the districts he shall require a translation of it to be filed with the document.
