• Purchasing a flat that is jointly hold and one has a POA

So im looking to purchase a flat in Maharashtra, and have already paid the Stamp Duty Registration Charges to the IDBI Bank and prepared the challan for the same..

Now at the time of registration, the Registrar refused to register the sale deed saying that..

1) The Power of Attorney which was given by the Owner 1 to the Owner 2 was prepared in 2003 and was not registered it is only Notarized.

The flat is jointly owned by Owner 1 and Owner 2, Where the relation between them is Son - Mother, the Son has given the Power of Attorney to the mother in the year 2003 but the POA was not registered.

Now that I as the purchaser has already paid the Stamp Duty Registration charges..I had these questions

1) What is the Exact Process to get this property registered , the Owner 1 is now a British Citizen and is unlikely to come down to India for the registration and wishes that the mother goes ahead with the registration.

2) If by any means the registration does happen, what risk do I hold and how to safeguard and secure my Purchased Property.
Asked 7 years ago in Property Law
Religion: Christian

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4 Answers

1) fresh POA can be executed by son in favour of mother

2) the POA should be attested before Indian consulate

3) mother can on receipt of POA in India submit it for registration

4) you would not have any risk if sale deed is registered in your favour

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Registration is mandatory of POA for sale of property

2) Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way executed on and after the commencement of Registration (Maharashtra Amendment) Act, 2010 shall be compulsorily registered.

3) don't purchase the property if power of attorney is un registered . You would not have clear and marketable title to the property

4) mother can send duly stamped POA to son

5) son has to get it attested by Indian consulate

6) Maharashtra State Government has provided online facilities to the public for the refund of Stamp Duty is made easily available to the public, is in force anytime anywhere.

Department Of Registration & Stamps, Inspector General of Registration & Controller of Stamps, Maharashtra State, Pune currently begin accepting on-line Refund application from anywhere anytime. (Maharashtra State Only)

* Applicant can fill refund application online anytime.

* Applicant can download acknowledgement, It gives the details which Applicant has entered in the application.

* Applicant has to submit physical documents in the Collector of Stamps office.

* Collector of Stamps will process this case.

* Applicant can view status online.

The applicant has to fill online form and has to submit it and take two copies of printout of the submitted acknowledgement after which he has to submit the documents physically to the concerned office on the same day as submission of online application. The entire department process shall be physical with required details information and progress being captured online. This will help applicant to check its status about refund requests online.

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1) What is the Exact Process to get this property registered , the Owner 1 is now a British Citizen and is unlikely to come down to India for the registration and wishes that the mother goes ahead with the registration.

The owner who is not able to come to India, can execute a fresh power o f attorney from the country where he is currently residing and get it notarized or attested in the country by a notary public or that country or by an official of the Indian embassy/high commission.

Send the same in a sealed cover to his agent in India, who shall submit the same to the concerned registrar after which the registrar will adjudicate the power of attorney deed and register it on payment of registration charges and stamp duty.

Then the power agent can sell the properly by executing a registered sale deed in your favor.

2) If by any means the registration does happen, what risk do I hold and how to safeguard and secure my Purchased Property.

The registration cannot happen because an unregistered POA agent cannot sell the property on behalf of the principal.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

2) If by any means if the registration does happen, with the current unregistered POA,what risk do I hold and how to safeguard and secure my Purchased Property.

Legally you cannot register the property by using an unregistered POA deed, if that happens then that is illegal an invalid in law. Therefore you understand the seriousness of the unregistered document.

1) What are the Procedures for the SON to send a Fresh POA in favor of the Mother, the SON is in the UK and is a British Citizen now.

The owner who is not able to come to India, can execute a fresh power o f attorney from the country where he is currently residing and get it notarized or attested in the country by a notary public or that country or by an official of the Indian embassy/high commission.

Send the same in a sealed cover to his agent in India, who shall submit the same to the concerned registrar after which the registrar will adjudicate the power of attorney deed and register it on payment of registration charges and stamp duty.

Then the power agent can sell the properly by executing a registered sale deed in your favor.

2) For some reason if the sale does not happen, what are the Exact Procedures for filing the Refund of the Stamp Duty and Registration charges which I already paid.

Refund of STAMP DUTY has to be claimed within 6 months (limitation period) for claiming the Stamp Duty. Stamp Duty is refunded after deducting 10% of the total amount of Duty Paid, but refund of payment made through e-payment, the deduction is Rs. 1000 per challan.

Refund of STAMP DUTY has to claim within 6 months (limitation period) for claming the Stamp Duty. Stamp Duty is refunded after deducting 10% of the total amount of Duty Paid, but refund of payment made through e-payment, the deduction is Rs. 1000 per challan.

The party desiring to have refund of stamp duty must apply to the Dist. collector. sub collector/thasildar/RDO under section 2(9) of Indian stamps act through the sub-registrar mentioning the convincing reasons along with the challan and original receipt issued by the selected branch of bank.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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