remuneration of arbitrator has to be paid by the parties only .

2) third party can pay remuneration on behalf of one of the parties to arbitration proceedings

suit for specific performance has to be filed within period of 3 years of accrual of cause of action

2) suit would be barred by limitation if filed beyond the period of three years from the date of accrual of cause of action as provided in Article 54 of the Limitation Act, 1963.

3) if the date is fixed for performance of the agreement, then non-compliance of the agreement on the date would give a cause of action to file suit for specific performance within three years from the date so fixed. However, when no such date is fixed, limitation of three years to file a suit for specific performance would begin when the plaintiff has noticed that the defendant has refused the performance of the agreement.

4) in your case if arbitration proceedings are going on in respect of dispute you cannot file suit for specific performance

1. This is not a strict Rule. Even proeprty situated in another stated can be dealt with by GPA registered in WB.

2. So whosoever is saying this is not giving proper picture as per law of the land.

3. Without seeing the agreement it is difficult to comment on the merit of the specific performance .

If you are from Kolkata you may show the papers for further advice on this.

My General power of attorney executed in the year 2009, in Bhubaneswar Orisa. Presently it is known to me that G.P.A. must be done in own state where the property exist. I want to know from what date Supreme court announce this rule. Send me in details date and no. etc.

It is not the supreme court which is making this rule.

It can be seen from the registration act and transfer of property acts, on a close perusal the provisions which are clear in this regard.

The GPA can executed in any place but it has to be a registered within the jurisdictions where the porperty situate.

in arbitration civil case any third party can pay remuneration of arbitrator where high court direct pay the remuneration by two parties only.

Is it an arbitration case or a civil case?

The remuneration for the arbitrator has to be borne by the parties as mentioned in the conditions referred to arbitration.

In what way a third person will be having any interest in the arbitration proceedings for which he is paying the remuneration to the arbitrator?

Some more clarify in the question would have facilitated the experts to render more and proper opinion with suggestions on further course.

actually we want specific performance on agreement and G.P.A. in the year 2009, presently arbitration is going on. Is it possible for specific performance?

If you have planed for filing a specific performance of contract suit then the arbitration proceedings may not be very effective and if there is no decision arrived it may affect either of the party who would rather prefer an appeal agaisnt the decision.

Instead if possible you may avoid arbitration and straight away approach civil court with a sit for specific performance of contract before the limitation expires.

The law about registering the GPA in this regard is existing law whereas when the matter was referred to supreme court in the year 2012, the supreme reiterated that any transaction with regard to immovable property should be done through a registered document/deed only.

The Supreme Court has deprecated the practice of sale of immovable properties through sale agreement/general power of attorney/will transfer, and said such sale of property is not valid.

A three-judge Bench of Justices R.V. Raveendran, A.K. Patnaik and H.L. Gokhale said such transactions “are not transfers or sales and such transactions cannot be treated as completed transfers or conveyances.” To avoid such transactions, the Bench asked the States to reduce the stamp duty to encourage registration of sale deeds.

the Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 I (Act) in sub-section 1 in its application to the State of Maharashtra. 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

2) it does not provide that registration of POA has to be where property is situated

3) only if immovable property is located in Maharashtra but equitable mortgage over the property is created outside Maharashtra.then in such case .‘notice of intimation‘ of creation of mortgage to the Registrar within whose jurisdiction the property is located. The mortgagor sending ‘notice of intimation‘ will also need to furnish the following details to the Registrar:

(a) names and addresses of the mortgagor and the mortgagee;

(b) date of creation of mortgage;

(c) amount received under the mortgage;

(d) rate of interest payable;

(e) list of documents deposited; and

(f) description of the property.

If the mortgagor fails to send the ‘notice of intimation‘ to the Registrar as aforesaid and subsequently enters into a transaction related to or affecting the mortgaged property with a third party, in terms of the Act, such transaction will be void.

This is not right. it can be registered even at a place where the proeprty is not situated.