• Spl power of attorney executed in Bengaluru not registered but notarised for sale of prop at Chennai

Mrs. Preethi residing at USA on her visit to Bengaluru in January 2018 has executed a specific power of attorney in favour of her father in law Mr. Renganathan also residing at Bengaluru on Rs.200/ stamp paper for selling her flat at Chennai. This power of attorney has not been registered. It has been executed before a Notary Public and Notary has certified.
Question No.1. Whether this power of attorney is valid as to the adequacy of stamp
Q2. Whether this power should have been registered with the office of the sub registrar at Bengalur.. If not whether execution before Notary is enough
Q3. Since no witnesses have signed whether it will affect the document
Q4. Whether the Power Agent can pass on good title to the buyer on sale of the property at Chennai 
 belonging to Mrs. Preethi based on this power of Attorney which has been executed at Karnataka.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Only registered power of attorney is valid in eyes of law.

2. Yes it has to be registered mandatorily.

3. Witness needed.

4. No

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. Notarized power of attorney is very much valid for the acts entrusted asperthe deed.However on this basis the attorney can not sell any immovable property of the principal.

2.So if the attorney wishes to transfer any proeprty of the principal then the POA has to be registered.

3. You can make it now signed by witnesses.

4.Since POA holder can not sell any proeprty on this basis,sell if made is not good or invalid under the eye of law.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

.1. Whether this power of attorney is valid as to the adequacy of stamp

Ans: Now registration of POA is compulsory.

Q2. Whether this power should have been registered with the office of the sub registrar at Bengalur.. If not whether execution before Notary is enough

Ans: Registration before Sub-Registrar is mandatory.

Q3. Since no witnesses have signed whether it will affect the document

Ans: It must be witnessed by two witnesses by signature.

Q4. Whether the Power Agent can pass on good title to the buyer on sale of the property at Chennai

belonging to Mrs. Preethi based on this power of Attorney which has been executed at Karnataka.

Ans: Now from 2011 the Supreme Court banned transfer of property through Power of Attorney’s the law laid by SC is as follows:

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1) mere notarised power of attorney is not sufficient for sale of flat

2) it should be registered in bangalore where father in law is residing

3) you need attestation by witnesses

4) if POA is registered then only sale deed can be executed by the holder of POA

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. This POA is sufficiently stamped, but it still remains invalid on account of not being registered.

2. Should have been registered at Bengaluru.

3. Witness must have attested this compulsorily. On this count too, it is invalid.

4. Yes, provided the PoA is duly stamped, registered and authenticated by witnesses/.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1) This is not valid spl POA, because its not registered in the registrar office and secondly it should be registered with 3 witnesses in front of registrar.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

As per the Indian Registration Act and Stamps Act power of attorney is must be registered and it depends on the value of property how much stamp it would be required. For general purpose a stamp paper of mine. Rs. 500/- is mandatory. So your document is insufficiently stamps and it is not executed properly. the document needs to be signed by both the parties and witness. For selling or buying a property Notorized PoA will be of no use.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

How to make a Special Power of Attorney Deed?

To make a Special Power of Attorney deed, you have to do the following:

1.) Drafting – Draft the deed giving all the details. You can use our pre-drafted, customizable forms to build a document in few minutes.

2) Print on Stamp paper – Print the document on a Stamp paper of appropriate value (this may vary from State to State). This step mandatory for the Power of Attorney deed unless you are living abroad.

3) Registration (for property transactions) – Register the deed in a Sub-Registrar office where the property is situated by paying appropriate charges.

4) Signature – The drafted POA should be duly signed by the Grantor (person who gives the power). Two Witnesses should attest it by signing the deed.If being Registered the signatures are to be done in the presence of the Registrar.

The person who grants the power in the deed is termed as Grantor or Principal. The person to whom the power is granted is termed the Agent or Attorney.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Unregistered POA has no value even if it is a notarized one.

2. There should be atleast 2 witnesses who have witnessed the execution of the POA.

3. Since it is an unregistered POA, the Attorney cannot pass on good title to the buyer on sale of the property at Chennai.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. being unregistered this POA is invalid for the sale of property.

2. Should have been registered in Bangalore, attestation before the notary is not sufficient.

3. In absence of witness the POA becomes void ab initio.

4. It is of no use

NOTE: I would advise you to please consult a lawyer before making and execution a POA in order to make it a legally viable document.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

For dealing with any property in Tamil Nadu, the Power of Attorney should be drawn up on stamp paper of adequate value, duly executed and witnessed (by two persons), and compulsorily registered.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Hi,

The SPOA is vaild and get is notorised. Get is signed by witnesses. But, keep in mind that SPOA has limited scope.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Conveying an immovable property through a POA that is not registered is not valid, this was observed by the recent judgement of the Hon'ble Supreme Court of India (Ravindra Judgement).

The POA is given for a specific purpose of presenting the document on behalf of the owner and complete the registration process, however this Special Power of Attorney is not a registered document and therefore its legality can be questioned anytime after the sale is completed.

When the legality of the document is questioned, Witnesses have to confirm the same, in this case, the Witnesses have not signed the document and therefore the legality cannot be proved if challenged in a court of law.

Good title cannot be passed on by a Notarized document.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. POA, executed on a 500/- stamp paper, for ANY transactions related to "immovable properties", MUST MANDATORILY BE REGISTERED, else they have no legal value.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. The question is not about the stamp duty, but the validity, because unregistered power of attorney is not valid for the purpose of any transaction related to immovable property.

2. Since the POA deed was executed in Bangalore, it should have been registered before a sub-registrar at Bangalore by the executor, notarised deed is not valid.

3. Without witness it is not enforceable in law

4. No, the power agent by this deed cannot pass the title by executing a registered sale deed because the POA deed is unregistered document

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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