The POA if adjudicated in India then Registrar is bound to accept the same as valid POA.
You can lodge complaint against the Registrar if he reuses to act upon the said POA.
Overseas power of attorney
My father who lives abroad has given me, his son, a special power of attorney to sell his property in Navi Mumbai. I register the POA on rs 500 stamp paper as required. My agent says that the sub registrar refuses to register the sale unless my father is present. The sub registrar has asked for money to register the first part of the sale agreement on payment of Rs 10000, but will not register the final registration agreement unless my father is present. Is this optional for the sub registrar or does he compulsarily have to register the sale if I have a registered POA?
Asked 9 years ago in Property Law
Religion: Hindu
9 Answers
Also, the POA was attested by the designated Indian consular officer abroad and it was received by me in India only 3 weeks ago.
Asked 9 years ago
The POA executed in a foreign country and duly attested by Indian consulate of that country, sent by a sealed cover to the concerned registrar directly to be opened by him in front of the POA agent will be the correct procedure to be followed. The principle need not come to registrar's office physically for registering the same. If the registrar is not following the rules, the matter may be take up with the Dy.director, Registration for solution.
1.The POA has to be adjudicated by the District Registrar.
2. Your father's presence for executing the Sale Deed at Sub-Registrar's Office is not compulsory and for this reason only he has executed POA in your favour and you can sign the documents on behalf of your father.
3. There is no option for the Sub-Registrar but to register the property, when you have the adjudicated POA of your father.
4. In case the Sub-Registrar refuses to register the sale, ask him to give an acknowledgement refusing to register on the basis of registered POA.
5. Perhaps the SR is under the impression that your father had got the property in question through POA and not through the Sale Deed. The seller of the property in such indirect sale after receiving the agreed consideration would have delivered the possession of the said property and executed POA in favour of your father. In lieu of Supreme Court Judgement of 2011, transfer of property cannot take place through POA and the SC also made it very clear that this judgment would not affect the validity of sale agreements and powers of attorney executed in genuine transactions viz., a person giving GPA to his spouse, son, daughter, brother, sister or a relative to manage his affairs to execute a deed of conveyance.
1. If the POA given by your father is attested at the Indian Consulate the sub-registrar is legally obligated to register the sale. Your father is no longer required to be personally present before the registrar as he has executed a SPA in your favour.
2. You should issue a lawyer's notice to the sub-registrar if he does not register the sale deed. This can be followed up by seeking court directions to him to register the sale.
To Advocate Sastry, my father had purchased the property from the builder and at the time given my mother POA to carry out purchase transaction. For this reason, can the sub registrar refuse to register the sale this time? If I understand correctly, since my mother had POA for purchase of said property in my fathers name, it is a genuine transaction?
Asked 9 years ago
If there was execution of sale deed by the builder in favour of your father(represented by POA holder-your mother) at the time of purchase of the property, then the transaction is genuine and it is in order. What i was referring to was earlier(before 2011) some people to avoid stamp duty, income tax queries etc., theY used to transact immovable properties through POA and not through Sale Deed. Since your father(represented by his POA holder-Your mother) bought the property through registered sale deed from the builder, it is valid and the SUB-Registrar cannot refuse you in executing sale deed on behalf of your father, who has given you a valid POA.
Your father has entered into a sale agreement or not with teh builder for purchase of the property?, if yes,whether the same was registered agreement or not?
You say that your father executed a POA in you mother's favor at that time, whether the POA was registered or not?, if it is not registered, the latest ruling of supreme court forbids unregistered POA holder to do any transaction or transfer by the POA agent on behalf of his principle.
If it was a registered deed, the registrar cannot refuse to register the sale deed executed by the POA agent on behalf of the principle to any purchaser. The matter can be taken up with the higher officer.
1) you have merely stamped the document on Rs 500 stamp paper .
2) although the power of attorney has been attested before Indian consulate the said document is not registered with sub registrar office .
3) if you have registered power of attorney you can sell sell the flat on your father behalf
4) your father presence is not required
1) has the Power of attorney given by father in favour of your mother revoked?
2) was the power of attorney registered?
3) if your mother already has registered power of attorney given by your father she can execute sale deed in favour of purchaser .
1. Your father was at liberty to execute a POA in favour of his wife to complete the sale. If the POA executed by your father in fvaour of his wife was registered the transaction is legal. This does not permit the registrar to refuse to register the sale deed. The registrar has no power to refuse to award recognition to a SPA executed by a person in favour of his blood relatives.
2. You can issue a lawyer's notice to the registrar. If this also does not produce the desired result you will be free to go to court against him.