• Power of Attorney

Hi ...My brother wants to give me a POA for Registration,Rental agreements and Selling the property.The property is in Bengaluru and I reside in Mumbai.Can we register a general POA in Mumbai and use it for the above mentioned purposes for a property in Bengaluru?

Regards

Jyoti Karthik
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

You can sign the power of attorney in Bombay on a nominal stamp paper.

Then your brother can send the PoA to Bangalore by post to you where you can have it adjudicated by the collector of stamps for stamp duty payable on the PoA as per Karnataka stamp duty laws

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Power of Attorney can be used any purpose except for transfer is banned by Supreme Court. Further it can be registered any where in India.

===========================================================================================

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
6050 Answers
381 Consultations

4.8 on 5.0

If you also reside in Mumbai, then you can execute a registered power of attorney deed in favor of your brother for performing the specific tasks on your behalf.

There is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Yes the POA can be registered in mumbai for property in bengaluru a complete schedule stating complete details of the property can be attached with POA.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you are residing in Mumbai POA can be registered in Mumbai for property situated in Bangalore

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Yes. Your brother can execute a Power of Attorney at Mumbai in your favour for Registration, Rental agreements and Selling the properties located in Bangalore.

2) However as per law, after execution of power of attorney at Mumbai (before a sub-registrar at Mumbai) you will need to approach the District Registrar at the place where your property is situated for adjudication of power of attorney.

3) Since stamp duties vary from one state to another, adjudication is the process of payment of correct stamp duty as applicable to the state in which the properties are located. Please note in Bangalore, different stamp duty rates are applicable for BBMP(URBAN), BBMP(RURAL) and other areas.

4) As per clause 31 of section 5 of Karnataka Stamps act Adjudication as to proper stamp is mandatory for all documents executed outside the state of Karnataka.

5) you may refer to https://kaverionline.karnataka.gov.in/StampDutyCalculator/StampDutyCalculation for details of stamp duty and registration charges applicable at Karnataka.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. Yes, the GPA can be registered either in Bangalore or in Mumbai.

2. However since the property is in Bangalore it is advisable that you register the GPA in Bangalore only.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is my advise to you:

1. Register the property in Bengaluru itself;

2. It is not feasible to execute or register in Mumbai;

3. Pay the stamp duty according to the rates in that state;

4. Approach the registrar of the jurisdiction of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. A duly executed Stamp Duty paid & Registered Power of Attorney document is valid throughout India, for all Legal purposes, without any exceptions.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1) Yes, you can registered POA in mumbai but it will create problems when you will go for sale of property to registered in the Bangalore city registrar. So it will be better to get registered in the Bangalore city your POA to avoid future problem.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

POA will registered where property exits,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As per Supreme court judgement POA is not considered legal nowadays for sale of immovable property. You need to first consider the same before executing POA

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer