For purposes of registration, in Karnataka, the Power of Attorney must be compulsorily registered, a unregistered POA is not valid or acceptable by the sub-registrar.
Notarized POA is unacceptable.
Power of attorney for property registration
If Daughter, Mother and Father is joint owner of an Apartment and Daughter and mother give Power of Attorney to father and husband on Rs. 200/- Stamp duty paid with NOTARY. Is it valid for property registration?
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
For the purpose of authorising the attorney to transfer of immoveable property the POA must be registered and notarised.
in other words on the basis of notarised POA the attorney can not represent the principal for transferring the proeprty.
Hi, yes the property can be sold by your father through power of attorney
Registration of POA is mandatory for sale of property ,
1. The said POA is valid for property registration.
2. POA for property registration is not valid when the POA has been executed in favour of a third party being a developer/builder or broker for selling the property to a third party for consideration based on the supreme court Judgement passed in case of Surya Lamps and Industries Vs. The State of Haryana.
RESPECTED SIR..
power of attorney given by daughter and mother on rs 200 stamp with notary is valid ...POA simpliy means that you are appointing any another person on behalf of you to do an act and you are liable for that act as you have appointed his/her as your legal representative and this must be consider valid as per indian contract act and the theory behind this is theory of vicarious liability which refers to a situation where some one is held responsible for actions or ommission of another.
here you are confring your right so it a valid on your part...
Thanku
Dear Friend
Power of Attorney(POA) must be registered.
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
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.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
It is absolutely valid as long as it is registered.
1. Power of Attorney has to be a registered one and it has to be registered in the Sub-Registrar's Office.
2. Notarised POA has no legal value and such a notarised document cannot be valid for proper registration.
No, this isn't a valid instrument.
This nature of POA mandatorily requires registration.
Mere notary won't do.
It may be noted that a registered POA is mandatory in Karnataka and an unregistered POA will not be accepted by the office of the sub-registrar.
Regards
You need to register the POW with the subregistrar office.
The power of attorney deed has to be registered.
The notarised power of attorney deed is not valid for transferring the immovable property by a registered deed.
The registrar will not accept the unregistered power of attorney deed for this purpose.
