What is a registered vs. unregistered power of attorney?

A power of attorney (POA) in real estate can be either registered formally recorded at the Sub-Registrar's office or unregistered (notarised or merely stamped). The decision to register significantly affects the legal admissibility, validity, and protection offered by the document in property transactions.

Registered Power of Attorney

• Formally recorded at the Sub-Registrar of Assurances.
• Admissible as evidence in court for all purposes primary evidence.
• More credible for banks, institutions, and third parties.
• Attracts stamp duty and registration fees.
• Mandatory for POAs used for executing registered documents (sale deeds, mortgage deeds).

Unregistered Power of Attorney

• Only notarised or stamped not registered.
• Limited evidentiary value cannot be used as primary evidence in court.
• Lower cost and faster to execute.
• Acceptable for limited purposes bank KYC, administrative tasks.

For any significant real estate transaction particularly if the POA holder will execute a sale deed, register a document, or make financial commitments the power of attorney must be registered. An unregistered POA creates execution and evidentiary risks that can invalidate the entire underlying transaction.