• SPA to execute sale deed in Haryana

Hi 

I have a residential property with two other partners. I wish to sell the same but I don't live in Delhi NCR. Can I issue a SPA in name of my partner who can use it to execute sale deed (for my 33% share)? Are there any legal issues if I don't go to NCR personally for executing sale deed. My partner's are anywhere there with my SPA.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

YOu can execute in your city and can send to him. Valid all over India.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

SPA has to be executed in favour of family member 

 

2) it has to duly stamped and registered 

 

3) if it is not executed in favour of family member it has to be stamped as conveyance and would attract higher stamp duty 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

You can legally  give poa to anybody to sell your property. Your presence shall not be required anywhere. Your agent shall have the power to do everything to execute the sale transaction. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

you can Execute SPA in favour of Anybody but it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it's compulsory that at the time of registration of Special power of attorney, the principal should be present along with agent to register power of attorney at the sub-registrar office. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can execute SPA in favour of family member 

 

2) he can remain present for execution purposes 

 

3) SPA can be registered where property is situated or you are residing 

 

4) if executed in favour of father  it would not attract higher stamp duty 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Greetings!

Yes Spa can be registered to your father that is only power to sell etc you will be giving to him and its mandatory that SPA has to be registered,  registered SPA is valid,

yes he should be present for registration on behalf of you,

Where the property is vested that jurisdiction of sub-registrar comes for registration, 

No you cannot send through courier the same has to be registered, 

Because its gives an authorising person  specific rights due to which it attract higher stamp duty and for the said stamp duty calculation you can check out with the concerned sub registrar office they will guide you with regard to stamp duty.

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Read carefully. 

There is no special POA concept in law.  We call it special when made for some specific purpose .

POA is not compulsorily registrable. 

It must be executed before the registrar and authenticated by the registrar, or by other authorised persons under different circumstances. 

You can  revoke POA just authenticated, not registered, by a simple letter in white paper. It would be in your benefit.

While a registered Poa can  be revoked only by executing a cancellation deed. 

If POA is duly authenticated , the agent so authorised can present documents before the registrar for registration and can execute the deed on your behalf .

An authenticated POA shall serve all legal purposes and also as evidence in court. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Yes you can execute SPOA. Yes you can register in name of father too. Yes he can present on your behalf. The spoa can cover registration too. Stamp duty and registration will be on amount of property for sale deed. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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

5.0 on 5.0

Your partners using registered SPA can sign and execute sale deed on your behalf your presence is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes if you register POA in Pune presence of partner is required.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Yes you can make power of attorney in name of father.

2. Yes he as your agent can sign and execute and can remain present using SPA.

3. See you can send a notarised power of attorney in name of your father since he is blood relative through courier your father can recieve same can accept and get his sign notarised at place where he is staying.

4. In case of non blood relative there is stamp duty as per value of property applicable on power of attorney.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

yes you can registered. 

behalf of you your father can execute sale deed. 

it should be send by registered post. 

A power given to a person who is a non relative will attract a stamp duty higher. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can give SPOA to your relative or partner for selling the land. 

Yes you can register the SPOA on your father name. 

Yes he can make sale on your behalf in NCR

yes he needs to be present for registration of SPOA.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes,

Yes,

You sign on his behalf as acceptance of attorney.

No stamp duty, just notorise it, GPA.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Since the property is jointly owned by more than one person, if one of the persons is not able to execute a registered sale deed in favor of the prospective buyer, then he or she can execute a registered special power of attorney for this purpose alone in favor of the joint owner to execute the registered sale deed on his or her behalf.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

For executing the registered SPA at Pune, the power holder may be required to be present before the concerned registrar. 

However with this SPA he can sell the property on behalf of the other joint owner also at Faridabad or the place the where the property is situate..

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Yes, 

2. Yes,

3. You cannot avoid him to be present before the registrar at Pune for getting the SPA registered in his favor.

4. The stamp duty for SPA is different to that of the stamp duty to be paid while executing the registered sale deed.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

- A Special power of attorney is a legal document authorizing one person to act on behalf of the executor.

- Yes. you can execute in the name of your father, for authorizing him to further sign  and to receive the consideration amount on your behalf as well. 

- Yes, if you will attorn the power of execution to him , then he should available on your behalf at Delhi NCR.

- No, as per law you can execute the SPA anywhere in India .

- No, higher stamp duty for SPA, if it is given in favour of family members. 

 

 

 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer