You need to get POA attested with the DC office. You can engage a local person he will get attestation done for the power of attorney.
Hi, I am currently staying in Singapore and holds NRI status. I have bought a property in Gurgaon and my wife is a co-owner. We need to get the registration of conveyance deed done in Gurgaon. I was travelling to India while my wife executed POA on my name from Indian high commission in Singapore.Is this document sufficent or we still need to get POA attested from DC office. Which i think will take long as i need to travel to DC office and they will return the POA after 15 days. Please help with your advise for the best solution. Thanks, Varun
You need to get POA attested with the DC office. You can engage a local person he will get attestation done for the power of attorney.
POA attested before Indian consulate or embassy is sufficient
2) to be on safer side you can have it attested before DC office
NO, only if it is irrevocable power of attorney relating to transfer of immovable property than registration in India was needed. In your case it is suffice document. No need of further registration.
1. if the POA was signed before the Indian Consulate/Embassy [Indian High Commission in Singapore] then that is sufficient
2. once you receive the POA in India, it will have to be stamped for the applicable stamp duty and then you can accept the POA by signing before the public notary in India
3. this will complete the document for the purpose of registration of conveyance in joint names of you and your wife
You do not need to get the power of attorney attested from DC office. POA attested by Indian Consulate/ embassy would be sufficient.
You just need to get the POA registered at SRO. After that, it can be used to register the property jointly.
Thank you. I have the POA signed before the Indian Consulate/Embassy [Indian High Commission in Singapore]. Is it POA acceptance is on discretion of court (where i am doing signing of conveyance deed) or builder (who is the other party in conveyance deed). My builder is insisting me to get it attested by DC office.
Transfer of immovable property is possible through POA if the same is a registered one. If the Principal is a foreign citizen/resident then she can execute POA from her country of residence and get it notarized and attested from local Notary and Consulate Officer. The same then is required to be Adjudicated from local Collector. Then on its basis the attorney can get or transfer immovable property.
So in your case the POA can be executed in Singapore in the above mentioned manner and then sent to India for further procedure.
1. what is full form of DC?
2. If a competent authority has duly attested the document and put its seal on it then why an additional attestation on insistence of builder?
3. is this the requirement of the registration authority which will be registering the document? please ask the builder
get it attested before DC if builder is insisting to get it attested by DC
sub registrar office may insist on having it attested for registration purposes
1. After the POA signed by the Indian Consulate reaches India, it has to be adjudicated in the jurisdictional District Registrar's Office in Gurgaon.
2. There is no need to take DC's signature, if there is a District Registrar's Office in Gurgaon.
Dear Sir,
- Builder right at his part as it is required to get attested from DC office to make it valid for revenue record.
- Generally these are kind of exceptional cases and regular guidelines are shared by DC office on such matters.
- Being local at Gurgaon, incase you need any assistance in execution feel free to connect.
Regards
Vivek Arya
Hi,
This POA is acceptable legally but keeping in view of the builder's demand you may get it attested. Please understand that this suggestion is only for satisfaction of builder else he may play tactics to delay registration.
This POA signed infront of Indian Embassy it will work here in India.
Dear Sir,
The following information may kindly be read:
Power of attorney is a document that allows someone else to act as your legal agent. It is mainly used by NRIs (Non-resident Indians) to manage their property in India. For instance, if you have purchased an apartment or flat in India, and you can’t visit personally to take the possession or ownership of property. To sign in the registrar office for registration in your name, you can share these rights with any of your family member, relative or a friend by issuing a registered POA.
TYPES OF POWERS OF ATTORNEY
The two types are general and special:
1. General
2. Special
Registration of Power of Attorney:
For NRIs, it is now mandatory to have the POA registered specifically for property matters. In fact, it is advised to attain all POA documents which have sent to India or even if it is executed in India must be registered at the sub-registrar office. In India, courts give more weight only to registered documents. In the case of dispute issues, unregistered documents may not get a favourable decision from courts.
The registration process includes:
Also Read: Partition Action: A Way To Cure Property Dispute
Registration If NOT in India
The instructions to register the Special power of attorney embossed are given as under:
Note: – Witness should not be Notary Public, who has attested the document.
The guidelines to register the General power of attorney embossed are given as under:
Note: – Witness should not be Notary Public, who has attested the document.
The same will have to be registered from DC office as per the Registration Act and then only the same will become valid.
regards
Discretion can not be used beyond the law provided in statute. Therefore, you need to visit the DC office in order to get the same authorised.
Regards
1. Your said POA is required to be adjudicated by the local Controller by affixing a stamp of Rs.50/-
2. Thereafrer based on the said POA executed by you, the POA holder can act for and on your behalf.
1. Your builder is right. It is called adjudication.
2. You shall have to sendf the said POA to the POA holder at his/her address in India and he/she shall have to preserve the envelope carrying the POA sent to him/her for producing before the Collector, if demanded.
3. Therafter the POA holder inj India shall have to approach the District collector's office and fill up the appropriate form and get a challan for depositing Rs.50/- to the specified Bank.
4,. Thereafter the collector wil put a stamp of rs.50/- on the POA and put his sign and rubber stanp to make the saidf POA valid in India.
The attested POA deed by the Indian high commission in |Singapore has to be registered or adjudicated once again in India before the concerned sub-registrar's office.
Then only the proposed acts through the said deed can be executed.
It is not attestation by the DC office, it may be adjudication by the DC office or you may gt it registered before the concerned sub-registrar's office.
The attestation by the Indian high commission alone is not sufficient to make it a proper and legally valid document.
Dear Client
For every POA which was executed in a foreign country you have to get the POA registered in India to make it valid.
So you have to approach the DC or sub registrar to get it attested.