A power of attorney given by son to father with out any consideration mentioned in the document and giving powers to father for selling property and registering . th e power of attorney is registered in chennai tamil nadu . the property is at hyderabad telangana state . the p.o.a. is of latest one month earlier . the p.o.a. does not mention property details . simply because the sub registrar objected for mention of other state property . hence general terms of sale of any property by power holder is acceptable for power giving person mentioned. now the sub registrar at hyderabad says property details are not mentioned in the power deed . and wants some clarification either by any court clarification or supreme court clarification for him to accept . but not giving in writing . shall be thankful for clarification / supportive judgement copy .WE NEED COMPLETE LEGAL OPINION ALONG WITH REFERENCES OF JUDGEMENTS IN HIGH COURTS AND SUPREME COURT CLARIFYING THAT THE POWER REGISTERED IN ONE STATE IS VALID IN ANOTHER STATE . thanks
A power of attorney is to be registered at the office of the sub registrar within whose jurisdiction the person giving the power resides at the time of execution of the document. registered POA executed in Chennai would be valid for sale of properties in Tengana
2) son can execute sale deed in favour of buyer as POA holder
3) general power of attorney can be executed for sale of properties . however it is always better that specific power of attorney be executed for sale of particular property
whether registered power of attorney of tamil nadu state at the time of selling property at hyderabad telangana state any RE-VALIDATION OF POWER OF ATTORNEY AT THAT SUB REGISTRAR PLACE NECESSARY ? IF SO PROCEDURE PLEASE
See it is settled law no court refrence is required in same that POA is registered in any state is valid through out India, further in POA general powers relating to all the properties for selling and registering is given so same would be valid.
This is a general power of attoreny given within meaning of chapter X of Indian contract act and the agent given such power has been legally authrised to act on behalf of principle through out India.
For registrar refrence show him section 33 registration act wherein it is clearly mentioned that POA of the place where the Principle resides is valid.
33. Power-of-attorney recognizable for purposes of section 32.—(1) For the purposes of section 32, the following power-of-attorney shall alone be recognized, namely:— (a) if the principal at the time of executing the power-of-attorney resides in any part of 3 [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 4 [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 3 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 5 [Indian] Consul or Vice-Consul, or representative 6 [***] 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. 7 [Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 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.
no revalidation of POA is necessary for sale of property
Dear Client,
General POA is valid all over the country except J & K. A general power of attorney gives wide powers to the agent to do various things on behalf of the principal, as detailed in the deed. It is not confined to any specific act relating to a specific subject.
Tell him to reject on this point and file appeal.
No validation for domestic POA that is made in India is require the validation in case POA is made and notarised abroad then it is required.
1. a power of attorney without any consideration to agent and containing a power to sell property and to execute conveyance and complete registration formalities, can be made anywhere.
2. even outside India
3. such a power of attorney if duly registered by the sub-registrar, within whose jurisdiction any one or more properties mentioned in the power of attorney is situated, is completely acceptable
4. it is essential to mention the property details for sale of which the power of attorney has been granted. Otherwise how will the buyer of the property come to know that the agent signing on behalf of the principal has indeed an authority to execute and register conveyance deed of the property being sold to him
5. thus the suggestion of the sub-registrar asking you not to mention the property details is completely preposterous and without any application of mind
6. the sub-registrar can always register the power of attorney so far as it pertains to any property situated within his jurisdiction. He should not be concerned about properties located in other states. That is for sub-registrar of that other state to again accept the power of attorney for registration since one of the properties mentioned in it lies within his jurisdiction
7. in view of above the requirement of the sub-registrar at hyderabad is completely correct that the power of attorney needs to have the property details in respect of which the power to sell has been granted. In absence of the details in the power of attorney, he is correct in not registering any sale deed between the authorised person under the POA and the buyer
8. for the above there is no such SC or HC judgement, as it is purely based on common sense. A POA containing power to sell ought to have details of the properties which are sought to be sold through the power to sell
9. each state has its own stamp and registration rules. So you will have to check the stamp/registration rules of the concerned state in which any property is required to be sold
10. for instance in Maharahstra, a POA containing a Power to sell an immovable property is compulsorily required to be registered, whether or not consideration is mentioned therein
11. further if POA is granted to a relative, then nominal stamp duty is required to be paid. However if power is granted to a non-relative or stranger then full stamp duty as applicable on a conveyance or sale deed is required to be paid
12. so in my opinion your POA is defective as it does not contain the property details. How will the hyderabad sub-registrar know that a particular property sought to be sold under a conveyance deed to be executed between agent of owner and the buyer, pertains to a property situated within his jurisdiction?
13. had the POA contained the property details and registered in another state, say for example in your case, in Tamil Nadu, then the registrar of Tamil Nadu had no business to refuse its registration just because the POA also mentioned properties situated in another state. As long as the POA pertains to any property situated in Tamil Nadu state, the registrar was bound to register the POA
14. Thereafter you could have presented the above registered POA to the registrar of Hyderabad in order to ascertain and comply with the stamp/registration rules of Hyderabad and on compliance of which the registrar of Hyderabad would separately register the POA for the properties situated within his jurisdiction
The PoA registered in Tamil Nadu is valid in Telengana. No re-validation or re-registration is necessary in Telengana.
POA registered in one State is not valid to be used in other State.
Generally it is acceptable in another states if there is no rule or law against the poa. The said power of attorney may be attested and notarised
The power of attorney deed not containing the particulars of the immovable property that is likely to be sold through the said power of attorney deed is not valid and cannot be enforced in law.This is provisin of law hence you may better obtain another POA in your favor to sell the property located in a different city/state
The POA cannot be revalidated.
You may have to get the power of attorney deed registered with the concerned sub registrar within which jurisdiction the immovable property situate.