Validity of unregistered by Notarized General POA

Dear Client,
An unregistered Agreement to Sell or a General Power of Attorney does not confer any ownership rights, and the courts have consistently held that such documents cannot be the basis for legal claims regarding ownership or possession of property. A POA is an agency document that empowers an agent to act on behalf of the principal, but it doesn't itself transfer any right, title, or interest in immovable property. The Supreme Court of India recently, in a judgment passed in the case of SHAKEEL AHMED V. SYED AKHLAQ HUSSAIN, CIVIL APPEAL NO.1598 OF 2023, 2023 LiveLaw (SC) 1009, emphasised that no transfer of title for immovable properties is valid based on an unregistered Agreement to Sell or an unregistered General Power of Attorney. Reference was made to Section(s) 17 and 49 of the Registration Act and Section 54 of the Transfer of Property Act by the Court to affirm that without registration of the document, no right, title, or interest can be conferred concerning an immovable property. The Court emphasized that the legal requirement of compulsory registration and the adverse effect of non-registration are derived through the Registration Act and the Transfer of Property Act. An unregistered power of attorney for the sale of immovable property is generally inadmissible as evidence. It may, however, be admitted as evidence in specific circumstances, such as suits for specific performance or to prove collateral transactions. So, given the proposing of relevant law and averments of the Apex Court, it is not recommended to buy a property through an unregistered POA.