Power of Attomey executed outside India is in compliance with Section 14 of the Indian Notaries Act - Foreign country could be given legal recognition by Courts and Authorities in India Notification under Section 14, held, not mandatory.

2022 (3) CTC 139 (Mad)

IN THE HIGH COURT OF MADRAS

Pushpa Sathyanarayana & Krishnan Ramasamy, JJ.

W.A. No.856 of 2021

February 02, 2022

Dr. Elizabeth Rajan, Daughter of late Thanarajan, Residing at 621, 9th Avenue SW, Rochester Minnesota, United States of America 55902, rep. through her Power of Attorney Holder, Aliff Sultan Fazelbhoy, having his Office address at: ALMT Legal, 1st Floor, Free Press House, 215 Free Press Journal Marg, Nariman Point, Mumbai-400 021

Vs.

Appellant

Inspector General of Registration, 100, Santhome High Road, Chennai-28. 2. Sub-RegistrarTirupporur, No.29, South Mada Street, Thirupporur-603 110. 3. Ranjit Jacob, S/o. Thomas Jacob, 127, Harington Road, Chennai-31. 4. Oriental Hotels Ltd., Registered Office at Taj Coromandel Hotel .37, Nungambakkam High Road, Nungambakkam, Chennai-34

...Respondent

Notaries Act, 1957 (53 of 1952), Section 14- Notarized Document from Non-Reciprocal country- Notification, whether mandatory-Even in absence of reciprocity between India and another country within meaning of Section 14 acts of Notaries in that Foreign country could be given legal recognition by Courts and Authorities in India Section 14, held, not mandatory. Notification under

Fact: The question that arises for consideration in this Appeal is, whether a Power of Attomey executed outside India is in compliance with Section 14 of the Indian Notaries Act, 1952 and its authentication The Sale Deed in dispute was executed by the Writ Petitioner Appellant's father D. represented by his Power of Attomey The said General Power of Attomey was executed in Malaysia in 2004 The Appellant has challenged the Sale Deed, which has been registered by the Power of Attomey that was executed in Malaysia, contending that the Power of Attomey is contrary to the provisions of Section 14 of the Notanes Act, 1952 which does not include Malaysia in the reciprocal arrangements for recognition of Notarial acts done by Foreign Notaries, since Malaysia is not a signatory to the Convention, dated 5.10.1961 In other words, the registration of Sale Deed without a valid Power of Anomey is invalid and liable to be set aside The Writ Petition is filed in the year 2019, after 14 years of the execution of the Sale Deed and the Founh Respondent as the purchases under the Sale Deed

Held Frum the above it is clear that in the said Judgment, it is held that even though there might not be reciprocity between India and another country within the meaning of Section 14 of the Netanies Act, the acts of notaries in ld be riven legal reconition by Courts and authorities in India. Therefore, we are of the opinion that the Notification under Section 14 of the Notaries Act is ether words, is not held to be Mandatory