Notary


This query is : Resolved 

(Querist)
01 October 2010 Is notary of following documents should be done before registration?
1) Lease agreement of immovable property
2) Power of Attorney of leasing out immovable property

Ajay Mishra (Expert)
01 October 2010 Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:
a. instruments of gift of immovable property.
b. lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
c. Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.
If you intent to claim any right over the property the document of lease should be a registered one as per the section mentioned above. The notary attestation is not of assistance to you. The notarial certificate is not enough to aunthenticate and validate your right on the property

Regards

Ajay Mishra (Expert)
01 October 2010

Notary of the Power of Attorney of leasing out immovable property should be done before the leasing out such property.

Regards


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