• Power of attorney to sell flat in Pune

Selling property in Pune, Maharashtra while my wife and myself in Hyderabad, Telangana. Due to covid we are not planning to travel from Hyderabad to Pune for signing sale deed. Got following two option. Don't have any blood relative in Maharashtra. Also buyer is ready.
1- Prepare sale deed document from Pune signed by buyer, sent to Hyderabad. My wife and myself provide a special power of attroney to a friend (non blood relation) staying in Pune and get this SPOA registered with Hyderabad sub registertar.
Cost Rs 5000/-
2- prepare a POA for friend (non blood relation) staying in Pune and get this POA registered with Hyderabad sub registrar office. Cost 1.5% of registred value as it is already above circle rates. 
Please advise if option #1 is acceptable in Pune Maharashtra. Heard that Maharashtra only allows POA for blood relations. Please confirm if this is true.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

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.

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

1. Sale on the basis of POA is not valid unless the POA i a close relative or has an interest in the property.

2.Second option is also same.

So if you wish give POA then give it to a blood relations and not to friend. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

No poa can be given to any one by way of proper execution and stamping

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. Yes, you can give SPA to your friend as well , for performing the said registration on your behalf 

- Since, the said property is in Pune , hence the registration should be completed in Pune and not Hyderabad. 

- However, the SPA can be registered in Hyderabad in favour of your friend.

2. SPA can be given in favour of friend or blood relation for performing special act on behalf of the executor , if the owner is unable to appear for registration of property due to some unavoidable reasons. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1) POA should be in favour of family members 

 

2) if given in favour of friend it would have to be stamped as conveyance 

 

3) it is better you wait for some months then come to Pune to sell the property 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Power of attorney can be given to anyone. It cannot be restricted to blood relations.

Go with the 1st option.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. A registered power of attorney in hyderabad can be prepared and registered using same.your friend may register the flat in favor of buyer and execute the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Not only in Maharashtra but also in most of the states the POA executed in favor of blood relations only is allowed for transactions in connection with the immovable property.

 

However you may try and send the POA registered in Hyderabad as mentioned in the first option.

The loss would be less if it is not permitted in Pune.

Alternately you may wait for few more months for the situation to improve after which you can proceed without any legal hassle.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Option 1 will not be applicable in Maharashtra 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. SPA has to be registered. It can be executed in Pune.

2. Many states allow POA for blood relatives only. Only a local lawyer can tell whether a GPA in favour of a non-blood relative will be accepted in Maharashtra,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

For sell deed registration POA is not accepted at all whether its blood relationship or not, you should physically present here.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As per general clauses Act, a person is free to appoint anyone his attorney  to act and execute his wish legally through out India for the property held by him or her.

No hessel, you appoint your freind as your attorney to register the sale deed at Pune by Special or General Poer of Attorney executed by you at Hyderabad. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

What is the need to send sale deed to Hyderabad ? Original will retain by buyer. Just give SPOA to friend to execute sale deed on your behalf.

Any one can act on the basis of POA.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can go with 1st option and give SPOA to one of your friend which is registered in Hyderabad for execution of sales deed in favour of buyer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Not neccasrily it should be given only to relatives it can be given to any third party also.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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