1) SPA should be executed
2) POA can be registered in Bangalore as you are residing in Bangalore
Where to register GPA/SPA for selling property
My mother and I jointly own a flat in Hyderabad. We have put the flat in the market for sale. I will be traveling abroad on work for many months, so I want to give a PoA to my mother (who is the first beneficiary in the sale deed) to execute the sale. Here are my questions: 1. Does this require a SPA or a GPA? 2. I live in Bangalore, my mother's permanent residence is in Chennai, and the property is in Hyderabad. Which city should we register the PoA in?
Asked 8 years ago in Property Law
Religion: Hindu
26 Answers
Hi, you have to execute special power of attorney and same has to be registered where the property is situated. i.e. in Hyderabad.
Power of attorney will be enough
1. An irrevocable GPA in favour of the purchaser or nominee authorizing him/her to manage, deal with and dispose of the property without reference to the vendor.
2. A power of attorney can be executed anywhere provided the principal and agent present themselves in the registrar office and execute the document.
This requires a SPA.
Register this Spa in Bangalore.
1. A Special power of attorney with power of selling and executing the sale deed can be made
or
2. A general power of attorney with all rights to sell,manage, execute deed for property with or without expiration period.
The Power of attorney can be registered with the sub registrars office in any of the city with the requisite fee in accordance to Registration Act, 1908
1. This requires GPA.
2. It is preferable that you get it registered at the place where property is registered. Otherwise it is valid even if it is registered at the place of residence.
Regards
General POA is fair enough, it has to be register where the property is situated.
It is better to register the POA in Hyderabad so the buyer if required can get the certified copy for cross checking if not he may have to call you or your mother every time for the same.
It is advised to register the Power of Attorney and not the SPA.
1) If you're residing at in India currently you will require to make a GPA and if you are residing abroad than a SPA.
2) where you are residing at that address make the POA with detail address and registered it at nearest sub register office. By taking all belongs of yours AADHAAR card PAN card, Passport, electricity bill, whatever you have that you don't know what will be asked by government employees Sub registrar in his office at the time of registration.
Dear Sir
You can get SPA in your mother's name. Please come to my office for legal advise with documents for appropriate advise and my office will help you to get SPA in Bengaluru.
Dear Client,
Special POA authorized either to sell or to manage the property.
All it needs that both the party should present at one place anywhere in India. Valid.
Property located at Hyderabad than get it registered there, to avoid any objection from registrar.
1. Any POA, duly executed & registered before the Registrar of Sub-Assurances, shall remain valid throughout India, for its purposes. A non-registered POA is null & void, for immovable properties.
2. HOWEVER, to avoid confusion and more so since the immovable property is located in Hyderabad, It would be better to execute POA in Hyderabad, though legally it does not matter, IF the POA is duly State Stamp duty paid and Registered.
Keep Smiling .... Hemant Agarwal
The Indian Registration Act does not make a power of attorney compulsorily registerable. However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered.
Get it registered in the city where property is situated. ...
Get it register in Hyderabad.
GPA would work for your mother.
But, still I have a doubt as there is a Supreme Court judgement as GPA or SPA is not valid for making sale transaction.
I am quite baffled by the variety of responses from so many advocates to what I thought was a fairly straightforward question. Can any of you further clarify: - Is there any definitive references you can give to appropriate Acts? For e.g. Paragraph 33 of The Registration Act (with modification of AP govt) given here: http://www.registrationacts.in/Pdf/registrationact.pdf says "(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:- (a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;" Which seems to indicate that in my case the PoA must be compulsorily registered in Bangalore and NOT in Hyderabad at all. I have no idea if this is the final word on the matter or not, and I was hoping some lawyers will have the answer! - The stamp duty and registration fee for PoA seems to be different for different states. In this case if I end up registering the PoA in Bangalore, should I pay the stamp duty and fees based on the Telangana (where property is situated) rates or the Karnataka rates?
Asked 8 years ago
1) Please read 2 point od my previous answer, its clearly mentioned, where you residing.
2) you have to register the POA in Bangalore city.
3) The State Government has been empowered to fix the fees for registration of the document. The registration fees at present fixed for registering documents relating to property transactions are approximately 1 % of the consideration of the document but subject to a maximum limit of Rs. 20,000/- The registration fee for the following immovable property transactions is leviable on the market value of property on which stamp duty is charged. So any how you have mentioned property approximately cost.
If you register your gpa in Karnataka you need to pay stamp duty of Karnataka.
The law with Andhra Pradesh amendment is quit clear the it will registered in banglore.
Further my take on stamp duty is that in case the poa is registered to a family member then fix amount of stamp duty I.e thousand rupeess in case of any other person stamp duty of 1% market value of property is to be paid.
In your case fees of registration shall be also 1000rs.
Section 33 of Registration Act
33. Power-of-attorney recognisable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-
(a) if the principal at the time of executing the power-of-attorney resides in any part of 18[India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 25[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 18[India], a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, 26[Indian] Consul or vice-consul, or representative 27[***] of the Central Government:
PROVIDED that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5[Explanation: In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897.]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or court hereinbefore mentioned in that behalf.
i had in my reply clearly stated that POA should be registered in Bangalore as you are residing in bangalore only
the provisions of section 32 of registration act clearly state it should be registered wherein principal resides
As per S.33(a), within whose district or sub-district the principal resides, in this case, if your mother is in chennai, then it can be executed in chennai.
As per S.35(1)(a), all persons executing the document appear personally.
Thus, the principal, the agent and the witnesses shall appear along with their identity proofs before the registrar for authentication and registration.
The stamp duty shall be regulated based on the state specific legislation.
In TN, it will be 10,000/- as stamp duty as per 2010 circular. Latest changes need to be verified.
Notorised power of attorney is sufficient to authorized person to sell his property and that u can from any where in India.
Sec 32 deals with registration with sub registrar which cost 3 % stamp duty on property value. AND property is situated in Hyderabad so Blore has no jurisdiction.
1. It can be a GPA deed itself because SPA will be restricted to certain issues alone.
2. The power of attorney deed can be registered in the place where she resides
There is no hard and fast rules that the POA deed has to be registered in a particular location or city alone.
It will depend on the address proof the principal provide so that the power deed can be registered within his residential jurisdictions.
The stamps duty and the registration charges will be be applicable as per the state rules where this ded is intended to be registered.
to put it simply you can register the POA (SPA) in Bangalore as you are residing here. You would need to produce some ID proof of the address at the time of registration. This can be used by your mother in Hyderabad at the time of registration.
You can contact me if you wish to proceed further. Why complicate situations unnecessarily.
Dear Sir,
In doctor and lawyer one must have faith. Select any best advocate and get your work done. Nothing is there to beat the head so many times. Good luck.
You can give specific POA it's sufficient. The POA is Registered in sub registrar office. The property situated will be the jurisdiction for Registration.
