• Power of Attorney

I will be selling a flat in the near future and it is my deceased mother's flat. My parents have passed away and my elder brother passed away recently. I am selling it and will be doing it on behalf of me and my brother's wife. She can't travel to Mt Abu where the flat is located and has asked me to take her power of attorney. 
 
I will the power of attorney document done in Mumbai and take it to mt. Abu.

 How much does it cost in general? Do I have to be physically present to make a power of attorney?
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

sister in law has to execute POA in your favour 

 

2) it has to be duly stamped and registered as she is empowering you to sell her share in flat 

 

3) it will attract high stamp duty as you are not close blood relatives 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. The POA to be relied upon to sell the fat on behalf of your sister in law must be registered one.

2. If your SIL is ordinary resident of Mumbai then POA registered therein can be relied on on in MT Abu.

3. At the time of registration of POA physical presence of both you and your SIL is mandatory.

4. the cost of an advocate can not be predicted.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

In most states stamp duty for POA is minimal . In WB it is Rs.50/-.

The time taken to make this should not be more than 5-7 days.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

POA should not take more than a week 

 

2) details of property should be mentioned in POA 

 

3) since sister in law is authorising you to sell the property POA registration is mandatory 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1.  POA for immovable property in Mumbai, must be stamped (500/-) and registered before the local Registrar of Sub-Assurances in Mumbai, for it to be legally effective.

2.  Stamp Duty of POA is separate and Stamp Duty on Sale Agreement is separate.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

power of attorney given to sell immovable properties should be registered.

If the POA is executed between blood relatives no stamp duty required. 

physical presence of both of you is mandatory. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to be present for signing and registration. It's drafting is quick registration takes time. You need to pay the applicable stamp duty for the same in case of execution of POA

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Notorised GPA valid all over India, will execute on 500/100rs stamp and max. 100rs notary charges. Single day thing. Your presence is necessary to accept it, but she can sign on your behalf if you authorize her. 

No document need to execute POA.

NO stamp duty but non judicial stamp paper.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Yes you have to be there for registering a power of attorney in bombay, or it can be notarized also.

Further it won't cost much just the general drafting fee registration fee.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See the property documents should be in your names.

It will take 2 to 3 days.

In POA also duty is applicable .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This is my response to you:

1. You will have to execute and register the POA;

2. The same will require payment of stamp duty;

3. You will need to state further facts of your case;

4. Did you obtain letters of administration?

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You have to register the power of attorney with proper stamp duty and registration fee and stamp duty varies from state to state.

Your presence is not necessary at time of registration of power of attorney but it is better if you will also sign the POA at time of registration.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can take a POA deed in your favor to sell the property on her behalf too.

You may have to be present before the registrar to get the POA deed registered on your name.

The cost and expenses may be enquired from the lawyer you may engage.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The POA deed can be registered on the same day.

You will be informed about the documents that are required to be produced before the registrar for registering the deed by the deed writer on the spot.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that she wants to execute the POA in your favour so that you can sell the flat as she also has the share in the same.
  2. Yes, you can do it and yes you have to get it executed at the place where she has been right now.
  3. It won’t cost much, drafting of POA would cost almost 5K and registration charges will be in 2 to 3 K.
  4. And stamp duty is to be paid at the time of selling the flat not for the execution of the POA.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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