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