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[Cites 0, Cited by 0] [Section 52] [Entire Act]

State of Rajasthan - Subsection

Section 52(2) in Rajasthan Registration Rules, 1955

(2)To prevent mistakes it is explained that the only description of power of attorney which a registering officer is competent to authenticate under section 33 is one which contains authority to present a document for registration and this is the only kind of power of which entry should be made in book No. VI. The power of attorney must, except as provided in section 33 of the Act, be executed before the Sub-Registrar. The endorsement should state that this has been done and the abstract should always note that the instrument confers power to register. A power of attorney may of course be registered like any other document as explained above, but it will not be valid for registration purposes unless it has been authenticated under section 33. Accordingly when a power of attorney is presented by a person who presumably does not understand the distinction between registration and authentication, and it be not a power which the registration officer can authenticate, he shall register the document in his book No. IV. But if the power contains authority to present a document for registration the registering officer shall explain the difference between authentication and registration, and ascertain the presenter's exact wishes in respect of the document. There is nothing of course, to prevent such a document being registered as well as authenticated if the principal wishes it, but in that case the two operations shall be treated as separate transactions, and the usual fees shall be levied for both. This book shall contain the headings prescribed in Form No. 6 App. I.Book No. VII