• Presenting signed sale deed to sub-registrar by Special POA holder based on Notary signature

Can a Conveyance Deed of an agricultural Plot executed/signed by the Seller be presented to Sub Registrar by a Special Power of Attorney (appointed by the Vendor) for Registration based on Notary signature on the SPA. The Vendor is not in a position to travel to another state.
Asked 4 years ago in Property Law
Religion: Muslim

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17 Answers

Special power of attorney can be registered by seller in state wherein he is presently residing 

 

2) then POA holder can register sale deed in favour of purchaser 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 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. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

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. A Notarized POA is legally infructuous for immovable properties.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello,

NO it has to be duly registered.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Notary SPA is not valid. Get a registered SPA. Means to say that SPA should be registered in the records of tehsil. Notary is only an attesting authority. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The POA deed for effecting this registered transaction in respect of this immovable property has to be adjudicated or to be registered before the power agent if able to present the same for registration before the registrar's office.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

No, The vendor should present to sign sale deed in front of sub registrar office. POA or SPOA is not valid.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. If the POA is eligible to become a constituted attorney and the relationship between the principal and the attorney is close unless the gency is coupled with itnerest wherein both of them can be non relative.

2. Once the POA is registered and legal n this basis the POA holder can lawfully transfer the title of the POA maker in favour of the buyer and this does not make any difference whether the subject matter of sale is agricultural land or  a residential or commercial land.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Yes. There is no bar. Any private property/land can be sell through notorise PoA.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes it can be done. submit one affidavit also from vendor stating the position. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

unregistered SPA it is not valid. The title cannot be transfered.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It can be done through registered poa

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Special power of attorney should be registered with sub registrar for execution of conveyance deed by SPA holder.

2. Vendor can make SPOA in his home state and get it registered then it can be used for registration.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

A. Special Power of Attorney shall be registered and shall mention the word "duly signed and executed by me and SPA holder shall be appeared on behalf of me". 

 

B. Special Power of Attorney based on Notary signature is not valid transaction. Please avoid the Sale/Conveyance transaction from them. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

- Only a registered special POA is eligible to execute the transfer document further.

- Hence, the presence of the vendor is mandatory , if the POA is unregistered. 

- The vendor can registered this Special POA from his place of living /state , where he is residing . 

Mohammed Shahzad
Advocate, Delhi
13229 Answers
198 Consultations

5.0 on 5.0

Hi 

The special power of attorney should be compulsorily registered at the Registered office and if registered, the power of attorney holder can execute the sale deed. 

Notarised power of attorney is not valid in eyes of law. 

The vendor can execute the special power of attorney  and register the same at the sub-registrar office  where he is presently residing and thereafter the same can be used by the power of attorney holder to execute the sale deed in another state. 

For example: If the vendor is residing at Delhi and property is situated at Hyderabad,, then the vendor  can execute the special power of attorney and have the same registered at the sub-registrar office proximate to his residence  at Delhi and the power of attorney holder can use the Special power of attorney to execute the sale deed at Hyderabad

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to get the instrument registered with the presence of an authorised representative through notary POA/SPA.
  2. I would like to apprise you that it was possible some time back, but there has been a judgment by Hon’ble Supreme Court stating that no SPA or POA would be admissible expect the same has been executed in the name of a person closely relative to the buyer or seller of immovable properties.
  3. If that person falls under the above said category then you should proceed with it, otherwise, I may suggest you to wait or let anyone close to him be appointed.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

S.POA can present the signed sale deed to the sub registrar for registration on behalf of the vendor as stipulated under section 32 of Registration Act.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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