Sir I had given POA to a builder for my land to make apartments on sharing basis in Odisha and which was registered irrevocable POA in 2015. But till date the builder could not start construction.Since it was registered the cost of registration was around 1.5 lakhs.Now we both the party mutually want to cancel POA. The Sub Registrar (Cancelling authority) is asking for the same amount of money for cancellation.I am not getting the correct answare from any other officers as it varies from person to person.can you please advise me ? yes this failure is due to builders personal problem.Thank you.
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1) for cancellation of POA you would not be required to pay RS 1.50lkahs
2) ask sub registrar to pass orders in writing that for cancellation of POA stamp duty would be Rs 1.50 lakhs
3) file appeal against said order of the sub registrar as per stamp duty act of your state
Hi, you can cancel the GPA, giving prior notice to the builder.
2. Thereafter you can cancel the same.
3. You can also lodge complaint under consumer protection act, for deficiency of service against builder.
1.During the registration of POA the stamp duty is required on the value of the proeprty.
2.However for revoking it the stamp duty is never calculated on the value ofthe proeprty.
3. The registrar is absolutely wrong on this account.
3.If the registrar does not listed to you then lodge complaint with his higher officials.Your problem should be solved.
Whether you are cancelling the POA deed or registering a fresh POA deed, the stamp duty payable to the government has to be paid.
The sub-registrar, if demands bribe, then you dont have to give him.
You can confine payment of stamp duty by a DD or online transfer facility.
You can verify the applicable stamp duty payable for registering a deed because to cancel the POA deed you have to execute a cancellation deed and get it registered by paying applicable stamp duty and registration charges.
Hello,
In case the power of attorney is registered deed then you have to cancel it through a deed of cancellation/revocation & that too has to be registered. A newspaper publications is also required after the deed of revocation has been registered. You can find a detail to the question posed by you in the following article:
http://economictimes.indiatimes.com/slideshows/consumer-legal/a-letter-of-authority-is-no-substitue-for-poa/cancellation-of-the-document/slideshow/10398730.cms
Format for the same is available at http://dcsouthwest.delhigovt.nic.in/cancgpa.pdf
And yes stamp duty will have to be paid since it will be a registered document.
Regards
Hello,
In continuation to my response I would also like to add that you might get a diversified advise here also as the issue that you have asked does not have any strict law on it, but in practice for any document being registered a stamp duty is to be paid and the stamp duty that you will pay will not in any way go to the sub registrar and neither sub registrar will get any benefit from it. So if the authority concerned is asking you to pay the government fees in the best of my knowledge and experience that can not be adjusted in any manner.
Regards