• General power of attorney

Dear Sir, 
 my question is I have a cousin sister staying in bangalore and recently she has bought two properties in other District places which includes a open plot and another one is plot with building,Now she is going out of india to reside there for few years and wants to sell the property at a fair value but as the expected value cant be got in specific time She wants to give me the Registered power of attorney to sell both the properties or rent the same in her absence as i am the most trustworthy person,so i want to know 
1.which power of attorney has to be made to sell the property either a GPA OR SPOA as per the law?
2.What are the terms and conditions to be included?
3.can the power of Attorney be revocable and irrevocable?
4.Does a notarized general power of Attorney(unregistered) be valid as per law?
5.Should i get seperate power of attorneys for selling and renting the property is so then please tell me in particular
Thanking you
please answer in points as per the questions to avoid confusions.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

1. See can make Specific power of attorney for both properties giving you right to rent and sell the properties and execute a sale deed for same.

2. Terms for consideration that if you are selling who will receive the amount, further specifically it should be mentioned the details of both properties , specific power to sale rent.

3. Yes it can be either  revocable or irrevocable. A POA can be given for specific time also 

4. Yes it will be valid as per law but it is better to register the POA .

5. No you can make a single where in both purpose can .Be specified.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It can be a general power of attorney itself.

2. The terms and conditions would depend on what has been understood between you besides other general terms.

3. If it is without consideration then automatically it is revocable.

4. Since it is related to immovable property it is mandatorily registrable.

5. The same POA deed is sufficient for all the acts.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2495 Consultations

Recently supreme court has barred transfer of immovable property through power of attorney.

You can execute specific for sale or lease.

It has to be registered if it is for transfer of immovable property.

You can have a single for both sale and Rent.

Power of attorney can be revocable or irrevocable.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Special power of attorney has to be executed duly stamped and registered 

 

2) POA canbe revocable 

 

3) it should be mentioned that you ha r power to rent , sell the property 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. Both GPA or SPOA is fine to sell the property as long as the same is a registered one.

2. Terms varies and hence it is advisable to engage an advocate to draft the POA.

3 Yes, it can be make revocable as long as the attorney has no personal interest in the POA and it was purely gratuitous.

4. No for selling a property.

5. One POA is fine to take care both the jobs.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes you can use POA to register in your name further general POA if states that you can sell the property then using same you can sell and rent the property.

But it better if specific POA attorney made for sale and property details are mentioned in same.

Sir the Notarised POA will do to sign and execute sale deed the Supreme Court judgement in Suraj lamps is on different footing. It states that POA is not instrument to sale it can be used to register the sale deed only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

New registered special power of attorney has to be executed for sale of property 

 

2) if you want to register property in your name better ask your cousin to execute registered POA in favour of her family member so that hat sale deed can be registered in your name 

 

3) you can use registered POA executed in your favour  to register property In your name 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

A fresh registered general power of attorney has to be executed in your favor to transact with the immovable property on behalf of your cousin.

 

You can very well use the same power deed to execute a registered sale deed to yourself by you as her power agent.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2495 Consultations

1. general power of attorney

2 & 3. since such a power of attorney is without any consideration, it will be a revocable POA

4. Yes except for sale of property for which the POA needs to be stamped and registered

5. not required. All powers can be given in a single POA

6. As property details are not specified in old POA, advisable to have a new POA with property details to be made. The old POA can be revoked by your sister

7. Yes. A clause to that effect can be included in the POA 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Dear Sir 

Any kind of power of attorney is not valid after 2011

Any way if you wish purchase it you can do that  ask her to get GPA with full powers in your favour executed before notary of other country.

Then file a suit for declaration and get her Vakalath and file it with consent written statement which will be decreed in your favour.

This process double secure your title and possession.

 

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Yes for a power of attorney of non blood relative stamp.duty of additional 5.percent has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No only stamp duty for POA is attracted to you. And seller will deduct tds as per income tax rules

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

For execution of registered POA in favour of cousin you have to pay stamp duty at 5 per cent 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. Please confirm the same with some local lawyer as the law varies from state to state.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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