You should execute special power of attorney in favour of your daughter for sale of property
2) it can be registered in city wherein you are residing
3) stamp duty and registration charges vary from state to state
4) it is generally nominal amount
I have certain queries pertaining to sale of property via Power of Attorney (PoA): 1. Can a person presently located in one state execute a PoA in favour of his son in law residing in another state where property is located for sale of property given that proper title over property would be registered and stamped? 2. Should it in the form of a GPA (General PoA) or SPA (Special PoA)? 3. Due to Covid-19 situations, the father is unable to travel to the state where property is located, where should the PoA be registered? 4. How much would it cost in registration fee and stamp duty for executing the PoA for property in Andhra Pradesh?
You should execute special power of attorney in favour of your daughter for sale of property
2) it can be registered in city wherein you are residing
3) stamp duty and registration charges vary from state to state
4) it is generally nominal amount
1. Yes
2. Any will do
3. It's better where the property is situated
4. It depends on value of circle rate of property
A PoA can be made and executed in another state. It has to be a SPA.
PoA can be registered where the father is residing. It can be presented where the property sale deed is being registered.
You may speak to a local lawyer who tell you the prevailing rates and exemptions if any.
As per SC order a current city where property is located in that sub-register office POA of sale deed transaction or developing transactions POA can be registered and not in another state. Because all states rules and regulations are different.
Hello,
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.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
1. Yes, a registered power of attorney in favour of son in law can be made from the principal's state.
2. A special power of attorney giving right of sale and registration of sale deed can be made.
3. At the state wherein the father is residing.
4. The stamp duty as per the value of the property shall be applicable you may check the same with the local lawyer.
Yes. POA register in any state valid all over India and can be acted upon.
SPA for the purpose of executing dale deed only on behalf seller.
1500rs maximum registrstion fees.
1. Yes, legally you can
2. If you want to give limited authority i.e only to sell and transfer the said property on your behalf , then SPA is better , as it is given for a specified assigned work
3. The POA should be registered in the place where your father is residing .
4. As per my knowledge if the POA is given to relative , there is no stamp duty in A.P, However you should sure from the local registration office there.
Dear Sir,
I hope this question should be consulted with Andhra lawyers as different High courts guide the process in that state.
If of Delhi you are always welcome.
Dear Sir,
My answers are as follows.
Ans: Yes, the power of Attorney can be executed all over India even abroad.
Ans: Better execute Special Power of Attorney that to execute Sale Deed only in respect of specified property only.
Ans: It can be registered at any place in India.
Ans: You have check in your State. But it may not exceed Rs.5,000/-
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Importance of Power of Attorney: A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.
III. Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.
To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.
iii. To lease, collect rents, grant, bargain, sell, or borrow and mortgage.
vii. To make health-care decisions for the donor or his minor children.
viii. To sue on behalf of the principal.
1. Yes
2. SPA
3. PoA can be registered at the place where he is residing.
4. A local lawyer will be in a better position to help you.
Regard
1. Yes, it is legally valid and possible.
2. It can be either of it, provided it is by registered document.
3. He can register it in his hometown also.
4. You can enquire it from the local registrar office, generally it's one percent of the value of the property.
Sale of property through a Power of Attorney is not considered legal.
There are various judgements of the HC and the SC in this regards.
Dear sir,
I suggest you to go for Special Power of attorney rather than General power of attorney because SPA holds more power than GPA and where the person is located he can go to the concerned sub registrar office and get registered the same and send the copy where the property is located the said copt has to be stamped / registered where the property is located and it comes under the said jurisdiction of sub-registrar office, all the office are functioning and the same has to be registered under the jurisdiction of property located and the fee calculation will depend upon the property square feet that can be let know from the registration office ie the concern person going for registration!!
Sale of property over POA is not allowed in maximum parts if the country...
If it is allowed in the state where the property is located than you can get it done via a GPA
Yes, definitely it is possible.
You may execute GPA or SPA both in favour of your son in law for purchase agreement sale agreement on your behalf .
You may send GPA or SPA to Andhra Pradesh executed at New Delhi for registration at Andhra Pradesh through your son-in-law.
Registration of GPA or SPA legal charges are calculated on the basis of value of property.
1. GPA can be executed by the principal even in favour of a person who resides in another state.
2. GPA for the sale of property requires mandatory registration.
3. It can be a GPA or SPA.
4. The GPA should be registered by father where he resides.
5. So far as registration fee is concerned, only a local lawyer can answer this.
1. Sale of an immovable property can be sold by a POA only if the same is registered in presence of both Principal and Attorney before the Registration office.
2. For this the Attorney is to be a close relative.
3. However if the Principal resides in abroad then POA can be executed on a foreign soil in absence of attorney. On receipt of this the Attorney present in India can perform on this after Stamping.
Thank you everybody for assisting me with the query. As a follow up, I wish to ask that can the SPA be printed by the Grantor on A4 size sheet, signed, notarised and sent to Andhra Pradesh for being registered in AP by the son in law or is the SPA required to be printed on the traditional stamp paper for registration?
SPA should be on stamp paper or duly franked before signature of the principal
it can be registered by principal wherein he is residing
A4 whit white paper is fine only if the Principal is in abroad.
For India stamp paper is required and at the time of registration presence of both of them in person is mandatory.
The power of attorney deed is to be printed on the non judicial stamp paper worth of the amount as specified in the state where it is executed.
A4 size allowed but charges of stamp paper wiil be required to be paid at the time of registration of SPA at Andhra Pradesh along with registration charges of SPA .
Dear Sir,
Please check the stamp duty and stamp papers being used in Andhra Pradesh.. For example in Karnataka e-stamp papers will be sold by State Govt.
See the stamp duty on SPA is payable so same has to be paid and it has to be registered with the sub-registrar office.
- It can be printed on hard A4 paper sheet along with the stamp papers .
- It must be signed and registered .
1. POA can be typed /hand written on plain paper and the Stamp Fee can be duly franked. In Stamp Paper franking is not required.
2. Indian Notarized POA for immovable property is legally not acceptable during court disputes.
Dear sir,
Its good to take a print on stamp paper and get notarized and the same has to be recorded in notarial register of notary so that the record will be maintained with the notary and the same can get attested by the competent officer of the government of AP state !!
execute SPA in favour of your son in law or in favour of daughter.
Through SPA.
it can be registered where in your father residing.
contact local property lawyer.
it can be drawn even on a legal paper but it has to be registered in India in the office of jurisdictional sub-registrar.
Dear sir,
1. Yes he can.
2. It can be either of them. In SPA you have to specify all the purposes. GPA is more broader.
3. It can be registered where the father is staying.
4. It won't be much. The exact amount depends on the Stamps Act in Andhra Pradesh.
Reply to follow up question:
You can get it printed on a non judicial stamp paper or the traditional stamp paper. Merely printing on A4 size paper is not suggested.
Best wishes.
1. It can be printed on any paper size. Stamp paper can be annexed.
2. Notarisation does not suffice, it has to be registered.
1) Yes you can.
2) If it is for presentation purpose, it can be SPA.
3) It has to be registered at place where property is situated.
4) Registration & Stamp Duty are state subjects, differs from state to state.
SPA has to be printed on stamp paper. If it is not available, you can take print on A4 size paper and get stamp duty paid by way of franking it is valid.
1. Yes a person can give a registered POA in favour of his son inlaw for sale of property in different state.
2. It depends on you that you give POA or SPOA.
3. Father can register POA at his home district.
4. Stamp duty and registration charges varies from state to state for that you need to contact local revenue office.