• Can Power of Attorney be registered in Mumbai if property is in Gujarat

We have acestral property in Palitana (Dist. Bhavnagar), Gujarat, it was in my Grandfather's name he passed away 14yrs back without any will there are 5 legal heirs to this including my dad(yougnest), all heirs made a notarised POA to transfer the property in my dad's name and on that basis we got the sale deed which is registered, however registration of POA was not done as we were not aware of it nor did our lawyer advice it at that time, however now we want to get the POA registered at same the sub-registrar office where this POA was noterised, is presence of all executants necessary for this, they are all senior citizens almost all above 80yrs, except my dad who is 66yrs old & its not possible for them to physically come in Gujarat everytime since we 4 out of 5 heirs stay in Mumbai, (including my dad), can the registration be done only in presence of my dad & my aunt who resides in Bhavanagr, Gujarat.
Also is a registered relinquishment DEED madatory, since we have already got the property card in my dad's name where its clearly mentioned that all other holders have given up their share on the property and my dad is the sole legal heir of this property pls help
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

This is my response to you:

1. You have to register the document within 4 months and maximum 8 months from the date of the execution;

2. Since execution happened so long ago, you will need to get another execution done;

3. Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be presented for registration Within Four Months from the date of its execution;

4. The Parties followed in such an event is that the parties to the document execute a Deed of Confirmation confirming that the main deed is valid and binding upon them;

5. And also whosoever has signed the deed have to be present before the Registrar;

6. In the alternative they can send an authorized representative to sign on their behalf;

7. It is better that all the members assemble one day and sign and finish of the title transfer immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) registration of OOA was not mandatory 14 years back

2) on basis of notarised POA sale deed could be registered in your father name

3) registration has been made mandatory after April 2013 in Maharashtra

4) personal presence woukd be necessary fir registration of POA

5) if unable to visit registrar office they can approach sub registrar office to deputy officer at their residence for registration purposes

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

For registration of Relinquishment deed personal presence is necessary

2) relinquishment deed is not mandatory

3) register the POA

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

This is my further response to you:

1. Yes you will need to get the Deed of Relinquishment;

2. Since all the other legal heirs have a claim on the ancestral property;

3. If it was self-acquired then Deed of Relinquishment would not be needed;

4. Also an ancestral property cannot be sold to only one of the coparcener;

5. Therefore a Deed of Relinquishment is needed so that all other legal heirs can waive off their rights;

6. Yes all the people have to be present to register the documents;

7. Since the Sub-Registrar will make an entry of all the people who do attend;

8. The people who cannot visit the office can send a representative through a special power of attorney to act and sign on their behalf.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If property card is already mutated in your dad's name, why do you need the poa registered now?

All the brothers and sisters can simply execute affidavit saying that they have given up their rights in the property and will not claim any share at any point of time in future

These affidavits can be made on 100 rs stamp paper and notorised

As property is already transferred in property card, no need of any poa or its registration

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Firslty, as the property S of anscestral nature then you may also have your share in it.

Secondly, yes, it can be done by way of POA, but for an instance at least one.

Thirdly, there is no concept of will for the anscestral property, only the person who wants to give his share to anyone then he may have to write up a will but that is also after getting the property as divided.

Fourthly, yes, POA plus relinquishment deed would be necessary to waive off their rights over the property.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

it is not mandatory register POA since the sale is done using POA it is completely valid if already transferred in favour of your father vide the sale deed you don't any further need the relinquishment deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Relinquishment deed or sale deed both are instrument of transfer so if the property is already transferred their is no requirement of making registered relinquishment deed if already sale in favour of your father is registered further POA also not required to registered if it is notarised.

If still no instrument is made in favour of your father in that case using a POA a relinquishment deed can be made in favour of father and the presence of the brothers not required just POA holder can be present for registration of the relinquishment deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. SINCE the Sale-Deed has been duly "registered" by the local registrar of sub-assurances, on the basis of the notarised POA, the Sale Deed becomes final for all legitimate purposes AND the POA now becomes redundant.

2. HENCE "now" there is no need for registering the old Notarised POA and further legally an old dated POA CANNOT be registered. It could constitute fraud and cheating.

3. IF there exists a relinquishment deed for the Ancestral property, THEN the said property loses status as Ancestral property. Property transferred /mutated on basis of a relinquishment deed is final for all legitimate purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If on the basis of the unregistered POA deed, a registered sale deed has already been done in your father's name, then there is no necessity for registering the PO deed because there is no purpose that will serve if this unregistered POA shall be registered.

Since the property has been transferred by a registered deed already, then there is no necessity for a fresh relinquishment deed again for the same property.

.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

No the execution just happed recently in June 2018, we got the property finally transfered because we wanted to sell the property however we ended taking a loan for my education against it since the property was finally transfered in my dad's name, also the POA was done in 1week of June 2018 & sale deed was done in mid of June so these documents are very much valid now do we need a relinquishment deed in this case will the registration of POA be enough and will everyone's presence be needed for both these processes??

The sub-registrar will not entertain the execution of a registered transfer deed on the basis of a notarised POA.

If it has already been done, then there is no necessity for getting the POA registered because it will not serve any purpose.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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