• Regarding Power of Attorney by son to father for managing the property affairs only (NOT SALE)

My son is presently residing abroad since one year - He wants to let out his property in Pune during his visit during Dec 2019 - He wants to execute a Power of Attorney in my(father) favour just to manage the affairs like collecting the rent, payment of taxes and general supervision. - My question is - 
(1)his permanent address is Pune and I reside in Chennai, Tamilnadu -(2) will the power of attorney executed by him at Pune in my favour is valid - Have I to visit Pune during registration of the POA - (3)can he execute the POA in Chennai for the property at Pune, Maharashtra - (4) any better suggestion from your side
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

1. Power of attorney can be executed and registered at any places whether either principal or the attorney resides.

2. It can be resisted whether the property situates as well.

3. So take the information from Registration office at Chennai only.

4. If no power of sale is given to the constituted attorney then  Notarised power of attorney will do. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. Yes the POA executed in Pune shall be valid.

2. Yes your presence is required to register the Power of attorney.

3. Yes he can execute a power of attorney at Chennai for property in Pune.

See since only for management of property POA is there notarised power of attorney shall do, no need to register same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes get it notarised in Pune for sign of son and for your sign he can send it to Chennai and you can get it notarised there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Both can sign at your respective places and get same notarised there itself.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) for giving premises on rent. registration of POA is not necessary 

 

2) it can be executed in Pune 

 

3) it is only for sale of property that registration is necessary 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Registration ofPOA is not necessary 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Registration has to be done where property is situated 

 

if son wants to register it he has to do it in Pune only 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

POA can execute anywhere and valid all over India. It can be notorise.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

-  A Power of attorney is a legal document in which you give someone else the authority to act on your behalf ,but the attorney holder cannot perform any such duty which is not mentioned in the document itself. 

- As per law, the power of Attorney is valid universal and is acceptable in all states of India.

- Further, the POA must be duly stamped, notarized or registered , before two witnesses.

1. Yes, you son can execute the POA from Pune as well, and further he can executed from aborad as well , if he is unable to come to India , after noterized the same under the rule of that country and also with the help of Indian Consulate/Embassy.

2. Yes, this will valid for you for the said purpose.

3. Yes, this document is valid for all India.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. the POA which your son intends to give you is not compulsorily registrable as it would not contain the power to sell clause

2. your son can make the POA at Pune and notorise it there and then send it you at Chennai

3. you can then sign the POA as an acceptance and have it notirised in Chennai

4. this POA will perfectly work well for managing the affairs of the Pune flat 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to ANYBODY, irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered anywhere in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It's better you execute a POA at pune. You don't have to go if you appoint a poa for registration of the same on your behalf. If you are abroad the said poa has to be attested at embassy of Indian hi commission

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Yes POA executed and registered in Pune will be valid in whole India.

Yes you have to go to Pune for purpose of registration of POA.

Yes he can execute the POA in Chennai for property of pune. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

 it can be executed in pune and it can be notorised. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. The GPA executed in Pune will be valid. Get it registered.

2. You do not have to be present before Sub-Registrar for the registration of GPA.

3. GPA can also be executed in Chennai for the property in Pune.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. yes it will be a valid POA

2. Yes he can execute the POA in Chennai 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since through POA you are not being given the power to sell the property therefore it can be executed in Chennai as well .

Regard s

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may get a non registered POA also done, for that you will not have to go to Pune 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

2) Yes it is valid.  You need to visit Pune for registration.

3) No. It has to be done in Pune.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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