CIC/SA/C/2014/000372. Case: Anil Singh Vs PIO. Central Information Commission

Case NumberCIC/SA/C/2014/000372
JudgesM. Sridhar Acharyulu, (Madabhushi Sridhar), Information Commissioner
IssueIndian Succession Act, 1925 - Sections 69, 70; Powers of Attorney Act, 1882 - Sections 1A, 2; Registration Act, 1908 - Sections 57, 57(3), 62, 87, 89; Right To Information Act, 2005 - Sections 2(f), 22, 8, 8(1), 9; Transfer of Property Act, 1882 - Section 53A
Judgement DateFebruary 16, 2015
CourtCentral Information Commission


M. Sridhar Acharyulu, (Madabhushi Sridhar), Information Commissioner

Parties Present:

Complainant/Appellant is present. Public Authority is represented by Mr. Hemant Bhatia (Record Incharge)

Complaint is converted into appeal as requested by the Complainant/appellant.

Information sought:

1. Appellant in this case sought to have the certified copy of General Power of Attorney executed by his mother late Smt. Vimla Singh (died on May 277, 2013) on 22.11.1993 before Kashmere Gate Sub Registrar with Reg. No. 19545 Folder No. 2809 at page 87 to 89.

CPIO Reply

2. The PIO refused saying GPA is a confidential document and cannot be given as per the Registration Act.

Ground For Complaint:

3. Non-furnishing of the information and wrongly denial of information by the CPIO and upholding the PIO order by the First Appellate Authority.(Order not enclosed)

Proceedings Before the Commission:

4. Both the parties made their submission. The Commission finds no reason to accept the stand taken by the respondent authority that they were only custodians and thus they could not give copies of the documents. Once they hold the information, the RTI Act mandates that they should share it with RTI applicants unless the RTI Act exempts them from disclosure. The contention of the respondents that the Registration Act that the Registration Act does not require them to share a copy of GPA or the Will under Section 57, which says:

"57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.--(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.

(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.

(4) The requisite search under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer.

(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents. State Amendments Gujarat: Same as in Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Maharashtra: In sub-section (1), after the words and figure "Book No. 1", the following words and figures were inserted, namely: "and, so long as they are preserved, the copies filed under sub-sections (1) and (3) of section 89 and the indexes relating to such copies." [Vide Bombay Acts 5 of 1929, sec. 10 (w.e.f. 22-5-1929) read with 35 of 1958 (w.e.f. 24-4-1958)].

51. Register-books to be kept in the several offices.--(1) The following books shall be kept in the several offices hereinafter named, namely:-- "A--In all registration offices --" Book 1, "Register of non-testamentary documents relating to immovable property". Book 2, "Record of reasons for refusal to register". Book 3, "Register of wills and authorities to adopt", and Book 4, "Miscellaneous Register". B--In the offices of Registrars-- Book 5, "Register of deposits of wills".

This is the 'right to information' as prescribed under Registration Act, 1908.

5. A general power of attorney GPA is an instrument wherein granter confers authority on grantee to act or transact on his behalf. This power continues during the pleasure of granter. GPA does not confer title on the grantee. In spite of GPA, the owner/granter can transfer his property to any other person, other than GPA holder. Thus the GPA based transactions or transfer of property will have serious risk of multiple transactions on same property.

6. As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated,"...

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