• Sale of property through PoA

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?
Asked 4 years ago in Property Law
Religion: Hindu

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40 Answers

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 

 

 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Hello,

  1. Yes, the PoA can be executed in favour of the son in law for sale in a different state. This has to he registered by paying applicable stamp duty and registration charges.
  2. It can either be a GPA or SPA.
  3. It can be registered where the father in law resides. The son in law would  have to travel to where the former resides.
  4. The  registration and stamp duty will be applicable as per amendments in Indian Stamps  act for  Andhra Pradesh .

S J Mathew
Advocate, Mumbai
3547 Answers
175 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.

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

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. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows.

  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?

Ans: Yes, the power of Attorney can be executed all over India even abroad.

  1. Should it in the form of a GPA (General PoA) or SPA (Special PoA)?

Ans: Better execute Special Power of Attorney that to execute Sale Deed only in respect of specified property only.

  1. Due to Covid-19 situations, the father is unable to travel to the state where property is located, where should the PoA be registered?

Ans: It can be registered at any place in India.

  1. How much would it cost in registration fee and stamp duty for executing the PoA for property in Andhra Pradesh?

Ans: You have check in your State. But it may not exceed Rs.5,000/-

==============================================================

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.


  1. Classification of Attorney:The Power of Attorney can be classified into two categories which includes:

  2. General Power of Attorney:A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

  3. Special Power of Attorney:A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

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.


  1. Persons Competent To Execute:A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

  2. Authentication of power of Attorney:As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

  3. Presumption About Power of Attorney:A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

  4. Language of The Power of Attorney:An instrument of power of attorney must always use the language known to the donor and if the donor is an illiterate person then scribe and identifier should explain all the contents of the document in the language known by the donor and it has to be certified by the donor that he has understood all the contents and then he has to put thumb mark on the document. Lastly the administrative officer will take the oath from the donor stating that he knows all the contents of the document and he knows the identifier. A sign and seal must be put by the administrative officer after complete verification of the document.

  5. Original Documents To Be Verified:A power of attorney which is accurately authenticated by the notary or any magistrate, an affidavit has to be filed with all the original documents of the power of attorney authorising an agent to do certain acts. All the documents will be verified by the court and then court will register power of attorney by putting seal and sign. It is very much essential to make the power of attorney valid.

  6. Powers of Attorney by Two or More Persons:A power of attorney may be executed by two or more persons jointly in favour of one or more persons and when there are several persons as attorneys a complete authorisation in letter to be given by one of them for acting severally. A clause should be included while drafting the deed of power of attorney that all the attorneys should act jointly or separately.

  7. Duration of Granted Power:A general power of attorney remains in force unless expressly revoked or determined by the death of either of the party. A special power of attorney will be in force until the specified act is not completed. Duration of the power will depend upon the type of the attorney or there may be a fixed period of power granted by the principal which must be included in the deed.

  8. Revocation of Power of Attorney:A power of attorney may be revoked at any time by the principal or donor by giving a written notice to the agent, unless it is for a particular fixed period. Revocation usually possible when principal dies or becomes insane or becomes bankrupt. The principal himself can revoke power of attorney if the business for which the agent was appointed is over as mutually agreed upon by the principal and agent. In case if principal has named a spouse or registered domestic partner as his agent, his or her authority to act under the power of attorney is automatically terminated in the event of divorce, legal separation or termination of the registered domestic partnership.

  9. Registration:A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property i.e. charge in favour of donee. Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent. If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered. Registration of power of attorney authenticates the deed of power of attorney.

  10. Stamp Duty:A power of attorney is chargeable under Section: 48 of Schedule 1 of the ‘Indian Stamp Act, 1899’. A stamp duty has to be paid compulsorily by the principal or donor in the jurisdictional registrar’s office.

  11. Legal Powers Which Can Be Granted To The Attorney:Broadly speaking a power of attorney provides an agent “all powers that the principal has” to manage the principal’s financial affairs or make health care decisions may be enough for many purposes. An agent may be authorised to:
  12. To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.
  13. To manage, compromise, settle, and adjust all matters pertaining to real estate.

iii. To lease, collect rents, grant, bargain, sell, or borrow and mortgage.

  1. To sell any and all shares of stocks, bonds, or other securities.
  2. To file, sign all tax returns, insurance forms and any other documents.
  3. To enter into contacts, and to perform any contract, agreement, writing, or thing to make, sign, execute, and deliver, acknowledge any contract, agreement.

vii. To make health-care decisions for the donor or his minor children.

viii. To sue on behalf of the principal.


  1. Qualifications of An Attorney: It is the duty of the Principal to appoint a responsible person as agent who should act with utmost good faith. An attorney is a person who has been appointed by the donor to act on his behalf. An ideal attorney is that who must be willing to act in that capacity and he has to be impartial having integrity. An attorney should be loyal to the donor and should not disclose any confidential matters related to the business.

  2. Duties of The Attorney Holder: An attorney holder is a person who is authorised by donor legally. An attorney must not exceed the authority given under the power of attorney. If the attorney does exceed their authority, he or she may be liable for any damages suffered by the donor or others. The attorney may, however, do all those acts which are authorised, but only by a particular method, if the power of attorney so indicates. If there is a breach of any condition by the attorney then he shall be liable to the donor except in a case where he has acted reasonably. If there is some doubt as to the wording of the power of attorney, a solicitor should always be consulted. The attorney holder must also act towards the donor with the utmost good faith and tell the donor the nature and extent of any interest which may conflict with his or her duty. An attorney may pass on his or her powers and duties to another person but only if authorised to do so by the power of attorney
  3. Other Related Aspects:

  4. Construction Rules:The general rule of power of attorney is that it should be strictly construed. Unless an express power is conferred on an agent to enter into contracts of guarantees on behalf of his principal or to execute or negotiate, negotiable instruments for his principal jointly with others. An agent cannot by his acts bind the principal to a larger extent than he is empowered to do under the power of attorney. He cannot be sued or otherwise held responsible for fraud by the agent. If the power does not authorise the agent to carry on a business except with limitations any act done by him in excess of such power will not bind the principal. For example power to dispose of property does not confer a power to mortgage the property. Power to manage immoveable property cannot permit principal’s ornaments which are a moveable proper.

  5. Drafting of Power of Attorney: A deed of power of attorney must be construed so as to include all powers necessary for its execution. There is no legal requirement that a power of attorney be prepared or reviewed by a lawyer. However, if important powers are going to be given to an agent, it is wise to get individual legal advice before signing a complicated form. A person who signs a power of attorney without fully understanding what it means, and without considering risks and alternatives, is asking for trouble. So a power of attorney must be drafted carefully and after knowing all its clauses written in the deed document.

  6. Risk Involved In Granting Power of Attorney:With a power of attorney, an agent is often entrusted with important decisions. And the agent may have access to some or all of Principal’s money or other property. If the agent is not trustworthy, serious problems can result. For example, if the agent is dishonest and runs away with Principal’s money, it may be difficult or impossible to get the money back. An agent is not permitted to use principal’s property for his or her own benefit unless he is expressly authorised to do so. Also, a principal will ordinarily be bound by the agent’s acts (even foolish acts) and will be responsible for the agent’s negligence while the agent is acting for the principal. For example, if an agent is authorized to manage your financial affairs and signs a contract to purchase something on your behalf, you will ordinarily have to pay for it, like it or not. It is obviously important to choose a trustworthy agent; if no trustworthy candidate is available, a power of attorney should not serve its purpose.

  7. Conclusion:A power of attorney is very essential legal document which can be admitted as a evidence in the court of law whenever there is any breach of trust by the attorney holder. It’s therefore essential that principal has great confidence in his designated attorney. An agents must be someone principal can trust, without reservation, to use his property for him and not for themselves, or anyone else.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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!!

 

 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Print it on green pie paper or white legal size. No stamp paper.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

SPA should be on stamp paper or duly franked before signature of the principal 

 

it can be registered by principal wherein he is residing 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

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. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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 .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- It can be printed on hard A4 paper sheet along with the stamp papers .

-  It must be signed and registered .

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

  1. Yes.
  2. GPA
  3. Where the executant/ principal resides
  4. You need to check locally

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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 !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

it can be drawn even on a legal paper but it has to be registered in India in the office of jurisdictional sub-registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It should be on stamp papers and presence will be required for registration 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

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.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Yes it can be but will require stamp duty and registration

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. It can be printed on any paper size. Stamp paper can be annexed.

2. Notarisation does not suffice, it has to be registered.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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