Section 33 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 32 lets an agent present a document only if he holds a power-of-attorney "executed and authenticated in manner hereinafter mentioned". Section 33 is that manner. It says which powers-of-attorney "shall alone be recognised" for presenting documents, depending on where the principal lives, and it makes allowance for people who cannot attend. This article reads it as per the text of the Act consulted. If you need the supporting statements and papers that go with a power-of-attorney prepared, our affidavit and declaration drafting service can help.
For section 32, only three kinds of power-of-attorney are recognised: (a) a principal living in a part of India where the Act is in force executes it before and has it authenticated by the Registrar or Sub-Registrar of his district or sub-district; (b) a principal living in a part of India where the Act is not in force, before a Magistrate; (c) a principal not living in India, before a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government. A power so authenticated may be proved by production, without further proof.
Sub-section (1): the three recognised powers
"For the purposes of section 32, the following powers-of-attorney shall alone be recognised". The word "alone" is exclusive: a power of attorney outside these three heads is not one that section 32 recognises.
(a) Principal residing where the Act is in force. If the principal, at the time of executing the power, resides in any part of India in which the Act is for the time being in force, the power must be "executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides".
(b) Principal residing where the Act is not in force. If the principal at that time resides in a part of India in which the Act is not in force, the power must be "executed before and authenticated by any Magistrate". The copy prints the opening words of this clause in square brackets.
(c) Principal not residing in India. If the principal does not reside in India, the power must be "executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Consul or Vice-Consul, or representative [ *] of the Central Government". The omission marker after "representative" means words were taken out, and the copy does not say which.
Explanation. In this sub-section "India" means India as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897). We do not explain that Act; check the current law for the corresponding provision.
Notice that the test is the principal's residence at the time of executing the power. It is not where the property is, and not where the agent lives. The question "where does the principal reside" decides who authenticates.
The proviso: persons who need not attend
For powers under clauses (a) and (b), the following persons "shall not be required to attend at any registration office or Court for the purpose of executing" the power:
- (i) persons who, by reason of bodily infirmity, are unable without risk or serious inconvenience so to attend;
- (ii) persons who are in jail under civil or criminal process; and
- (iii) persons exempt by law from personal appearance in Court.
The proviso names clauses (a) and (b) only, not clause (c).
Sub-sections (2) and (3): attestation without attendance
Sub-section (2). In the case of every such person, the Registrar, Sub-Registrar or Magistrate, "if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid."
Sub-section (3). "To obtain evidence as to the voluntary nature of the execution", the officer or Magistrate "may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination."
The key idea is consent given voluntarily. The officer must be satisfied that the power was voluntarily executed, and he has two ways to find out: go and examine the person himself, or issue a commission for examination. The word "may" leaves the choice to him.
Sub-section (4): proof by production
"Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf." So a power that on its face shows execution before, and authentication by, the right authority can be proved by simply producing it.
Summary table
| Principal's residence when executing | Power must be executed before and authenticated by |
|---|---|
| Part of India where the Act is in force | Registrar or Sub-Registrar of the district or sub-district where he resides |
| Part of India where the Act is not in force | Any Magistrate |
| Not in India | Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government |
What section 33 does not say
The section is about recognition of the power for presenting a document. It does not say anything about stamp duty on the power, about whether a power is revocable or irrevocable, or about the scope of the agent's authority. Those are in other laws. See our guides on registering a power of attorney, stamp duty on a power of attorney and power of attorney, general or special, and for the older Act, our articles on the Powers-of-Attorney Act, 1882, sections 1 to 3 and sections 4 to 6. The practical steps at the counter are covered in our post on registration with a power of attorney.
A practical example
Farida lives in a city where the Act is in force and wants her brother to present her sale deed. Under clause (a), she must execute the power before, and have it authenticated by, the Registrar or Sub-Registrar of the district or sub-district where she resides. If she is unwell, the proviso (i) means she need not attend the office, and the officer, if satisfied it was voluntarily executed, may attest without her attendance, going to her house or issuing a commission to examine her. Had she been living abroad, clause (c) would apply and the power would be executed before a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government.
Need help with the papers that accompany a power of attorney?
A power-of-attorney that is authenticated in the wrong way will not carry your agent through the counter. Our affidavit and declaration drafting team prepares the supporting declarations and checks the papers against section 33. State amendments and rules should be checked, and later amendments too.
Key takeaways
- Only the three kinds of power-of-attorney in section 33(1) are recognised for section 32.
- The principal's residence at the time of executing decides who authenticates.
- Persons unable to attend, in jail or exempt from appearance need not attend for clauses (a) and (b); the officer may attest if satisfied it was voluntarily executed.
- The officer may go to the house or jail, or issue a commission, to examine the principal.
- A power that shows execution before the right authority on its face may be proved by production.
- Check the current General Clauses Act provision cited in the Explanation, and State rules.
Read next
- Section 34 of the Registration Act, 1908: enquiry by the registering officer before registration
- Section 32 of the Registration Act, 1908: who can present a document for registration
- Registration with Power of Attorney -- Process
- Power of Attorney Under the 1882 Act -- How It Works and When It Ends
Disclaimer: Based on a print of the Registration Act, 1908 marked as last updated on 9 July 2020, as consulted on 2 October 2026. State amendments and rules, later amendments, registration fees and stamp duty are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.