Registration by a Corporate Attorney in Lahore:
For registration of any document through an attorney in Lahore or corporate lawyer in Pakistan, you may contact Jamila Law Associates. Requirement of execution before and authentication by any of the prescribed functionaries or Court would be required only where an agent was authorized to present a document for registration under the Registration Act irrespective of whether its registration was compulsory or optional through an attorney in Lahore or corporate lawyer in Pakistan.
Power of Attorney:
Court admitted power of attorney not authorizing the attorney to submit a paper for registration under the Registration Act though the prescribed functionaries did not authenticate it. Such Court did not commit any illegality so far as the Registration provisions Act were concerned. Words “executed before” in Section 33 (1), Registration Act, 1908 and Section 85, Evidence Act, 1872, implies that executants or his thumb impression must sign power of attorney must be affixed on it in the presence of relevant authority or at least its contents must be admitted to ‘executed before’ and ‘authenticated by’ was not employed by the Legislature in an identical sense.
Execution’ of a Power of Attorney:
The ‘execution’ of a power of attorney before the authority concerned and its ‘authentication were two distinct acts to be performed according to the provisions of Section 33, Registration Act for their validity through an attorney in Lahore or corporate lawyer in Pakistan. The authentication of a power of attorney was not merely on attestation of a power of attorney. Rather, it implied that the person authenticating must satisfy himself about the identity of executants and the factum of execution. The authentication under Section 85, Evidence Act, 1872 was not merely attestation but meant that person authenticating had assured himself of identity of the person who had signed the instrument as well as the fact of
execution.’
Corporate Lawyer in Pakistan:
It is settled that a power of attorney must be strictly construed and limited to the exact words contained therein through an attorney in Lahore or corporate lawyer in Pakistan. Therefore, the term “etc.” must be construed as ejusdem generis with the rest of the documents. The words “at the time aforesaid in Section 33(1)(e) mean at the time of executing a power of attorney, the said words do not relate to section 32, which speaks about presentation. In a suit on a mortgage, the fact that the principal was residing in British India at the time of presentation of the mortgage-deed for registration cases to have any relevance unless it drafted a power of attorney through an attorney in Lahore or corporate lawyer in Pakistan as to cause it to cease to be operative, if and when the principal returned to British India.”
The presentation of a mortgage deed for the registration by the Agent of the mortgage is proper, even if the mortgagee is residing in India at the time of such production.”Court Judge.” A Registrar acting under Section 73 is not a Court” within the meaning of Section 195, C.P.C. The words “Court” and “Judge” occurring in Section 33 should be construed as the Act’s framers understood them. As the Sadder Registrar of Rampur State was not considered a Court or Judge in the sense in which such words are used in Section 33 of the Act, an authentication of attorney’s power was held not sufficient compliance with the requirements of Section 33.
