“11. It is clear from the law that a person may execute a document and may himself present it for registration or he may execute the document and may authorise an agent by power of attorney to present it for registration. The interpretation of Sections 32 and 33(1)(a) arises only in the second and third alternatives where a person authorises some body to present a document for registration or authorises a person to execute and present the document for registration. In my opinion, Section 33(1)(a) does not apply at all when the agent himself is the executant of the dead pursuant to the authority given to him by the principal and presents the document for registration. In such a situation, he himself is the executant though in the capacity of the agent of the principal. A successful reliance can be placed on the judgment of this Court in the matter of Ramrao Palkar v. Padmavatibai, 1993 R. N. 397. After considering the entire case law, this Court has held that a person who holds the power of attorney to execute a document and also to present it for registration is competent in every case. It has even been held in that case that the power of attorney is a document which a notary may verify, authenticate, certify or attest the execution under Section 8 of the Notaries Act, 1952. Considering the various judgments and placing reliance on the language of the Act, it has been held that the power of attorney was executed by Ganpatrao in favour of Narayanrao, duly notarised and the sale deed was executed by Narayanrao in the capacity of general attorney of Ganpatrao. The High Court further held that the deed could not have been held to be invalid by resort to the provisions contained in Section 33(1)(a) of the Registration Act. Not only this, from the language of Section 33(1)(a), it is clear that it does not apply at all when the agent himself is the executant of the deed, pursuant to the authority given to him by the principal to present the document for registration. He himself being the executant could present the document for registration.”
