• POA for sale of an immovable property

Hi,

I am a NRI and own a flat in Pune. I want to give POA to my father-in-law so that he can carry out the sale of the flat. 

Please can you confirm 
1. How much would it cost me to make this POA? 
2. Does POA need to be registered? if yes, what would be the registration cost? 
3. Do I need to pay any stamp duty towards this POA as one of the websites that I cam across, says I need to pay 5% of the market value towards the stamp duty of POA (https://legaldesk.com/power-of-attorney/power-of-attorney-in-maharashtra) 
So if I am selling the flat for 50L, would the POA cost me 2.5L? It would be a lot cheaper if I have to fly
from UK to India to sign the Sale Deed.

thanks
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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21 Answers

1. Any advocate in India can make the power of attorney as desired and the same should be signed by your father in law and should be sent to you for signature as well as for the integration by the Indian Consulate in the country you are living in the consulate charges fees for the authentication of the document that you will know only from the consulate.

2. Yes power of attorney should be registered in India and register charges will be around rupees 10000 

3. For making power of attorney no stamp duty is payable accepted the stamp used for making of power of attorney you have to pay only that authentication charges in the Indian consulate and registration charges at the local Registrar office

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) you have to execute POA in favour of your family member like parents or siblings 

 

2)it has to be on Rs 500 stamp paper 

 

3) it has to be attested before indian consulate 

 

4) registration is not necessary 

 

5) POA would not cost you Rs 2.5lakhs 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

It will execute on 100rs stamp and notorised. Max, 150rs expanse.

Registration not compulsory.

If POA with consideration than only stamp duty payable, which is not in your case.

Notorised POA executed at Indian Embassy is sufficient

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. See you have to make a POA notarized and stamped with the embassy in Uk then in same has to be sent to India and stamp.duty on same has to be paid and it has to be registered. Cost upon value of the property.

2. Yes it has to be registered and cost shall be as per value of property.

3. Yes stamp duty as per value of property has to be paid. Yes 5 percent cost shall be applicable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. if you wish to have the POA drafted by me, then my professional fee for the same will be Rs. 7000/-

2. the sale deed can be executed by you there itself. By the POA you will only grant a power to your FIL to present the document [sale deed signed by you] for registration purpose. So your FIL will merely be complying with registration formalities on your behalf. Since the POA will contain a power only to present the sale deed to registration and to comply with registration formalities, this POA can simply be signed by you before the Indian Embassy in UK and then be sent to your FIL where he can accept and sign on the POA before a notary public. Thus registration is not needed

3. nominal stamp duty of Rs. 500/- will have to be paid [5% duty is applicable when a POA is given to a grantor for consideration and the subject matter of the POA is an immovable property]

4. no need to fly to India in view of the above

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. If the POA is given amongst the blood relatives, then the charges will be nominal, may be a few thousands.

2. The POA, after it is countersigned by either a Notary or a Consular Officer and sent back to India, has to be adjudicated in the jurisdictional District Registrar's Office.

3. If you are giving POA in favour of your father-in-law, then it attracts a Stamp Duty of around 5% of the market value of the property, since your father-in-law is not your blood relative. However, if you are giving POA in favour of a blood relative, then it attracts a Stamp Duty of around Rs. 1000/- or even less than that.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

If you are in India, the total cost should be around Rs. 2500 including government fees and any lawyer fee that you may have to pay. The Indian Registration Act does not make a POA compulsorily registerable. However, the POA granted to sell immovable properties should be registered. It should be done at the office of the sub registrar within whose jurisdiction the person giving the power resides

If you are physically present in India, then the procedure to get the POA registered is:

  1. Write down the POA terms on a Legal Paper.
  2. Visit office of Registrar (commonly known as office of sub-registrar) for your residential location.
  3. Office of registrar would need 2 witnesses to sign the POA in front of the registrar (Physical presence is required).
  4. Carry all the documentary proof documents like address proof, voter ID card, passport, Aadhar card in original along with their photocopies. You never know what they can ask for with no official published list of documents.
  5. All the photocopies should be notarized or attested by a gazetted officer (First class government officer).
  6. Registrar will click and store picture of you, POA holder and the witnesses in the government records.
  7. Registrar will keep a copy of POA in government records and provide one to you with his office registry stamp. At this time, your simple POA becomes ‘Registered Power Of Attorney‘.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You don't have to give such a big amount for the POA. The poa is a simple procedure and the stamp fee has to be given as per the value of the flat.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hi,

The said POA will not cost much, you are required to pay the fee for drafting of the same and for stamp paper and this POA will be signed by you at the consulate and the same may be notorised or registered as per the requirement. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. ONLY a proper Stamp Duty paid (500/-) and Registered (1000/-) 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.

6. Sale Deed and POA are two different documents. Sale Deed of a immovable property in maharashtra attracts 6% stamp duty and 1% registration fees (maximum 30,000/-)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. It depends on lawyer to lawyer. You need to discuss the same with the lawyer after giving him requirements. 

2. Yes you need to register it. 

3.It will be rs 500/-.stamp duty if given to relative for executing the sale deed. If the POA is for sale transaction as a sale deed it will be 5℅.

 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- It is now mandatory for an NRI , to have the POA registered specifically for property matters.

1. Since you want to execute the POA in favour of your father in law, hence it should be atleast on the stamp paper of Rs.500/-

2. Yes, Registeration cost is nominal 

3. No, because that POA is not for property document , it is only for power to sell and transfer the said flat.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You can't sale flat on POA basis. You personally has to visit in India for sale deed.

 

For NRI there will be taxable income around 20% tax fir short term or long term. If you reinvest in bond, or real estate than its not taxable.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

- POA doesnt require any % include for the purpose of any property sale. POA is only a registered document to make someone authorized in blood relation to work on your behalf. 

- POA can also be signed and stamped from Embassy of India at UK and registered at local office of Pune.

-% duty is only on the sale deed. You can connect for the draft if needed and further steps

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

1 it will cost about rs 2100/- in delhi

2 people dont get it registered generally however nearly every document need to be registered. registration cost depends on many factor. however you can keep it unregistered.

3 you will pay stamp duty if you get it registered and you should draft it in the way that stamp duty dont come into picture. in general advice lawyers will tell all the things as it is not clear that what is the requirement. I will suggest to get drafted a simple attorney giving him rights on your behalf and get it registered in your country and it will be stamped here to make it acceptable here in india.

POA will cost you about 5000/- max in india. you can add up the charges for attestation or registration in your country. we charge 5000 for drafting. registration charges etc will be informed as per requirement.

good luck

GMGupta advocate

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

1. The lawyer's fee or the deed writer's fee, registration charges and the stamp duty for registering the POA deed or for adjudicating the POA in India for the POA executed in a foreign country varies from one state to another across the country, hence it can be enquired from  local lawyer.

2. The above answer suits this question  too.

3. No, that may not be a fact,  you might have misread it or misunderstood the same for registration of the main deed for transfer of the immovable property and not the POA.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

the total cost should be around Rs. 2500 approx.. including drafting you may have to pay.

Power of Attorney must be signed in the presence of 2 witnesses and notarised by the Indian Consulate/Embassy.

 registration is not mandatory. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Around 1000 rs of stamp 

2. It has to be a registered one. Registration will take 10-20 k

3. No

4. You may please check the same with some local lawyer as in most of states no stamp duty is to be paid. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Get the GPA drafted by a lawyer and then it has to be registered with the sub-registrar. So the cost will be the fee of your lawyer and registration charges.

2. GPA has to be mandatorily registered. Property cannot be sold on the basis of unregistered GPA.

3. So far as the stamp duty is concerned, only a local lawyer can throw light on this as the stamp duty act is different for every state. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The cost of stamp used for POA will be 1000 Rs. 

Yes it need to be registered in India before sub registrar but before that you have to get it attested from Indian consulate of UK. 

The stamp duty towards POA doesn't depends on market value of property. So it would not cost you 2.5 L

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. You can execute the POA in favour of your father in law for selling your said flat stating the ground that you live abroad.

 

2. It is required to be registered.

 

3. No stamp duty is required to be paid for registering the said POA.

 

4. It is always advisable to register the sale deed  yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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