Power of attorney for property buying
We (husband and wife) buying apartment in bangalore and are overseas.
1. While in bangalore, we gave spa to my brother on stamp of Rs100.
During registration, the SRO apparently said with SPA, my brother can't sign on sale deed (will not be valid) although he can do signature in register on our behalf with spa. And there could be problems with SPA in future thus advised us to go for GPA.
Question - is SRO giving us incorrect advise? is spa on stamp of 100 incorrect for buying property?
2. I got GPA done then from an overseas notary and sent it to India with my friend and I asked my brother to get it adjudicated in bangalore. Now one of his acquaintance lawyer is telling him it is not necessary to adjudicate (register?) the GPA as it is already notarized overseas and it is sufficient for my brother to sign in front of him for evidencing.
Question - is the info given by acquaintance lawyer correct? i.e. Shouldn't the overseas notarised GPA needs to be adjudicated in India? Does adjudicated means it has to be compulsorily registered in registrar's office or is it enough if it is notarised again in India or is it enough is sub registrar evidence it?
Question - If the GPA does needs to be registered in Registrar office, can it be anywhere in bangalore (given anywhere registration) or does it has to be in registrar office under which jurisdiction the property is present.
Question - the SRO office says, GPA cannot be adjudicated at that SRO, it needs to be done at DR office or some other SRO which has that facility. Is it again incorrect advise?
1. If POA is notarised overseas and is apostilled, does it needs further signature from Indian embassy. Further does it needs to be adjudicated in India? Some forums says if GPA is notarised and apostilled then it is a legal document which is accepted in all countries agreed under Hague convention.
2. how important is sending it to India by post and not delivered by in hand? i read somewhere that registrar need to see the envelope in which POA is sent from overseas.
Asked 3 years ago in Property Law from Australia
1) what are the content of SPA? does it authorise your brother to purchase property on your behalf and to appear before sub registrar for registration of sale deed .
2) if SPA is well drafted and authorises power of attorney holder you dont need GPA
3) Any power of attorney executed outside India needs authentication. So, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government. Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district registrar's office.
The attestation of power of attorney is not compulsory . However, it is advisable to get the document attested by two witnesses.
4) registration has to be within sub registrar office where property is situated
5) Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary. A court will presume that every document purporting to be a power of attorney, that has been executed before and authenticated by a notary public or any court, is properly executed and is a conclusive proof. Each page of a document notarised should bear the official stamp of the notary disclosing his registration number and jurisdiction , and also his signature. Appropriate notary stamp has to be affixed.
1. SPA provided had power to present in front of subregistrar and do all it takes to register property on our name. No idea why SRO is stating it cannot be used to do signature on sale deed.
1b. What should be stamp paper amount for SPA? I am hearing it needs to be 200 but my brother got it done for 100. Can that be changed? or does it need complete new SPA?
2. If the overseas POA is already notarised by overseas notary, why does it needs to be stamped in registrar's office? Isn't that section 85 of India evidence act? (as mentioned by you in point 5)
3. If POA is notarised overseas, apostilled and further evidenced by Indian consulate. Does it still needs stamping in india.
4. What does POA adjudication mean of the following?
a. stamping in front of registrar's office
b. evidencing in front of indian notary
c. or just evidencing in front of registrar's office.
Asked 3 years ago
1. Stamp duty differs from state. In WB it is Rs.50/-. A local lawyer can only tell the actual denomination. If it is Rs.200/- then it can not be changed anymore. However since GPS is preferred in your state then better do this afresh.
2. Stamping in local registration office which is called ' adjudication' is necessary so local stamp duty is paid as for overseas POA no stamp duty in that country is required.
3. Yes very much.
4.Stamping in registrar's office/collector office after notarisation from foreign consulate is done.
Hi, adjudication of the GPA is must in india as far as GPA is executed in overseas and GPA has to adjudicated at District Register office then only GPA is valid.
1) stamp duty varies from state to state . in maharashtra stamp duty on POA is Rs 500 . you will have to check the provisions of karnataka stamp act in this regard
2)since sub regsitrar is insisting for GPA it is in your interest to execute GPA to avoid legal complications in future .
3)adjudication is necessary to determine whether proper stamp duty is paid or not on the instrument .
4)POA needs to be stamped in india
5)contact a local lawyer in bangalore and act as per his instructions to avoid legal complications
Stamp duty varies from state to state and we suggest you to consult a local lawyer regarding the same.
GPA has to be adjudicate in India before the District registrar office. Adjudication means to ensure/determine that proper stamp duty is paid.
Advocate, New Delhi
1. A properly drafted SPA printed on a stamp paper of required value as mentioned in the Act which varies from state to state should be treated as valid and acceptable,
2. You should go for GPA as advised by the the sub registrar,
3. You can get your POA vetted by the Indian Consulate and send it to India to get it stamped in India,
4. The registration of the POA is to be done before the registration office of the area where the property is situated.
1. The stamp duty will be as applicable in the state of Karnataka. Contact a local lawyer to ascertain the value,
2. Local registration of the POA notarised/vetted abroad is necessary by paying stamp duty. You do not have to pay any stamp duty abroad for the said purpose,
3. Yes, it is required to be stamped in India as stated above,
4. Stamping before the Registration office.