The Delhi High Court has widened the ambit of definition of an agent or representative authorized to get the certificate copy of a public document under the Registration Act of 1908. In a landmark judgment, the Court has held that an agent includes an ‘interested’ or ‘aggrieved person’.
In a recent judgment, Justice Suresh Kait of the High Court concluded that under Section 57(3) of the Registration Act, there is no embargo on supplying the copy of a public document in favor of any interested person. The HC’s ruling is sure to bring some smile to the faces of people who buy property from holders of power of attorney, but are unable to provide the proof of transaction in the event of any disputes. The buyer may also confront with issues if the owner of the property repudiates the sale agreement.
The Delhi HC’s verdict surfaced in the wake of a petition from Zarina Sidiqqui, a Delhi resident, who had bought a house in Bangalore from R.Vishwanathan. Vishwanathan reportedly hold the power of attorney issued by his brother, A. Ramalingam in 1979. But he passed away before the sale deed could be executed. Though the petitioner is in possession of the property, Ramalingam stated that the powers held with Vishwanathan were only within the ambit of looking after his share in the property and thereby rejected the sale agreement.
Sidiqqui then approached the Sub-Registrar, District Central, New Delhi, through her lawyer and sought a copy of the power of attorney executed in favor of Mr. Vishwanathan. But the Sub Registrar refused to produce the same.