K’taka Bill Proposes Mandatory Registration of Power of Attorney

On March 18, the state government tabled the Registration (Karnataka Amendment) Bill, 2025, proposing mandatory registration of power of attorney documents which authorise the transfer of immovable property.

Currently, the registration of a power of attorney is not mandatory under Section 17 of the Registration Act, 1908, which lists the documents that must be mandatorily registered. Registration is optional for parties under Section 18. However, several states, including Maharashtra, Tamil Nadu, Orissa, etc. have amended Section 17 to require the registration of powers of attorney relating to the transfer of immovable property. Now, it appears that Karnataka will follow suit.

Here are the key aspects of the Amendment Bill:

• Mandatory registration of power of attorney: Clause (f) is proposed to be added to Sub-section (1) of Section 17, making it compulsory to register a power of attorney authorising the transfer of immovable property, with or without consideration.
• Documents relating to the grant of immovable property by govt: The Amendment Bill proposes to make it compulsory to register documents relating to any grant of immovable property by the government. The exemption currently in force will be removed through the omission of clause (vii) in Sub-section (2) of Section 17.
• Production of power of attorney: To establish eligibility for an agent authorised by a power of attorney to present a document for registration, the Amendment Bill seeks to make it compulsory to prove the power of attorney by producing it. Proof must be provided that the person who executed it is alive. Accordingly, changes will be made to Section 33(4).
• Documents executed by govt officers to be sent to registering officer: The addition of Sub-section (5) in Section 89 will ensure that documents executed by government officers in their official capacity will be electronically sent to the registering officer within whose jurisdiction the whole or any part of the immovable property comprised in the documents is situated.

Other key Amendment Bills tabled in the Legislative Assembly include:

• The Karnataka Land Revenue (Amendment) Bill, 2025, which envisages a grant of land by the government where private agricultural lands are permanently lost due to diluvion caused by natural occurrences like flash floods, landslides, etc.
• The Karnataka Stamp (Amendment) Bill, 2025, which brings digital e-stamping within the ambit of duly stamped documents, gives legal support for electronic signatures, and enables the payment of stamp duty by electronic means.
• The Karnataka Land Grabbing Prohibition (Amendment) Bill, 2025, which doubles the fine for land grabbing from Rs.25,000 to Rs.50,000.
• The Bruhat Bengaluru Mahanagara Palike (Amendment) Bill, 2025, which empowers the Zonal Commissioner to declare any private street as a public street if it is in such poor condition that it endangers public safety and health.