Ratification of an unauthorised power of attorney can cure defective registration when later duly authenticated.

A power of attorney executed abroad must comply with Section 33 of the Indian Registration Act and may attract the presumption under Section 85 of the Indian Evidence Act if executed and authenticated before a Notary Public. The first power of attorney lacked proper authentication, but the later instrument was duly notarised and expressly ratified the earlier execution and presentation for registration. Ratification by the disclosed principal related back to the original act and cured the initial defect, so the sale deed and its registration were valid.

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Issues: Whether the sale deed and its registration were invalid because the first power of attorney was not properly authenticated, and whether the subsequent power of attorney validly ratified the earlier act and cured the defect.

Analysis: A power of attorney executed abroad must satisfy the requirements of authentication contemplated by Section 33 of the Indian Registration Act, 1908, and the document may attract the presumption under Section 85 of the Indian Evidence Act, 1872 when executed and authenticated before a Notary Public. The first power of attorney did not show proper authentication, but the second power of attorney was executed before a proper Notary Public and complied with the legal requirements. The later instrument expressly ratified the earlier act of execution and presentation for registration. Ratification of an act done without prior authority relates back to the date of the act and cures the initial defect, and the presumption of regularity supported the validity of the notarial authentication.

Conclusion: The second power of attorney was valid, the earlier defect stood cured by ratification, and the sale deed and registration were valid.

Ratio Decidendi: A subsequent ratification by a disclosed principal relates back to the original act and validates an earlier unauthorised execution or presentation for registration when the later authority is duly authenticated in law.

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