• Registration of sale deed / property through POA

The seller of a property, located in haryana, has settled in Banglore. Due to medical reasons the seller is unable to come to haryana for completing the process of registration. Can the seller complete the registration through POA by giving the same to his friend, or any other person in haryana. What kind of POA will be required. What wil be the procedure in Banglore. What will be the stamp duty and total expenses. What will be the total time involved.
THANK YOU FOR YOUR KIND ADVICE.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

he can execute a registered Power of Attorney at local Sub -Registrar Office, it should be duly stamped and registered, stamp duty is state subject varies from state to state. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Well, the POA is preferable to be given to his relative.

2. If not then the sale deed done by the registered AO holder but his capacity is to be shown as real estate agent not as his friend.

3. Sijce there is uniformity is stamp duty in all stated you can take information on this from your local office.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Yes he can give a registered  power of attorney to his friend or relatives to complete the sale and execute same before sub registrar office. A special power of attorney for sale can be made. The stamp duty on value of property as per state shall be applicable. It won't take long registering POA will take a day or two.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can execute special power of attorney. Yes it can be given to friend. Stamp duty is nominal time involved may be less too

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes wife is a competent person to represent husband in a sale deed on the basis of a registered sale deed.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

No poa cannot be given to buyer. If he is registering in wifes name then wife is buyer

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes it can be given. The POA can be given to anybody there is no restriction on same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) POA has to be executed by seller in favour of his family member 

 

2) if executed in favour of friend it would attract higher stamp duty 

 

3) specific POA has to be executed by seller 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

If POA is given in favour of buyer it has to be stamped as conveyance 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Yes he can give POA for completing the sale transaction, preferably it shall be given to his family members which attracts less duty.

It has to be registered by paying stamp duty.

POA should be specific i.e., to submit the sale deed for registration.

It can be given to actual buyer, but it attracts more stamp duty.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 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

Tell the seller to execute a POA in favour of any person of his choice, for execution and presentation of documents before registrar. 

It shall be witnessed by atleast two person and authenticated by the registrar by way of attestation by him.

No interest is transferred to the agent under POA. So registration of POA is not required by the registration act except state amendments.

If some states have made such rules that can be challenged in high court.  So far my knowledge only one or two states have made such rules. Rajashtan is one such state.

I do not think Haryana have made any such rules.  However check it. 

With this POA you can deal with the agent. It shall be as effectual in law as if it had been done by the seller in his name and with his signature.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

POA can exectue in Bangalore to authorize his friend to execute sale deed on his behalf. POA valid all over India.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

The seller can execute a registered special power of attorney deed in favor of any close relative, in order to execute a registered sale deed in favor of the prospective buyer on his behalf.

The stamp duty and the expenses that may involve in this may be inquired from the local document writer who will guide you properly and get the task completed as desired.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

There is no legal infirmity in executing the POA deed in favor the prospective buyer who would be executing the registered sale deed in favor of his wife on your behalf.

The POA deed should be done by  a registered document.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Yes seller can give POA to some relative or friend for completing the registration process.

The POA should be duly stamped and registered in sub registrar office.

Yes he can give POA to buyer of property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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