• Registration of General POA

Can a General Power of Attorney be registered online in Mumbai? I stay in Mumbai and want to give a POA in favour of my sister for selling our jointly owned property in West Bengal
Asked 3 years ago in Property Law
Religion: Hindu

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25 Answers

Power of attorney cannot be registered only you have to present yourself and sign before sub-registrar office for registration of power of attorney.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Online registration has not started in many states including WB.

Whether it's going on in Mumbai you can visit or call its office tj find out.

In normal course presence of both parties is required for registration at the place of residence of Principal or where the property situates.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. You may mention her name relation with you along with the complete details as address age and rights under POA.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 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. Online POA Registration facility is not available, as yet. 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

It has to be registered at sub registrar office 

 

2) it has to be executed on Rs 500 stamp paper 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You should execute specific POA for sale of property not General POA for sale of property 

 

photo need to be affixed 

 

 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

It cannot be registered online. You have to be physically present at the Sub Registrar's office. 

You have to affix her photo. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

POA is not valid to registered sell deed or any transfer of property. You should be present at that time of sell deed in-front of sub registrar office.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Sir,

The power of attorney can be granted at any place, but you are suggested to be aware of and get personally involved in dealings as and when required. For this, your travel to West Bengal is not mandatory.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- No , the appearance of both parties is mandatory before the Registrar , whether through SPA or personally. 

- Yes, you can attorn your sister for selling the joint property in West Bengal after registering the SPA/POA in Mumbai.

-  Yes, generally a photo is required , but Aadhar copy has solve the said problem if not available with you . However your photo is mandatory should be affixed. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear sir,

Online registration is not in force so you cannot go for online registration!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Online facility not available. Have to physically appear before registrar for registration of PoA.

Her pic may affix and signature.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Due to corona they may have started online registration but the efficiency due to inadequate staff can't be stated

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

No. You have to be present at the sub registrar office for general power of attorney. Its not online yet.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

For Maharashtra state, if a POA contains a power to sell clause and is given to any non specified relative, then it has to be stamped and registered

You need to check the rule for West Bengal since the property is situated in that state

A certified true copy of Aadhar will do

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Online registration of power of attorney is not possible you have to make power of attorney get it registered at the registrar office providing and the document of the power of attorney holder and send it to your sister .

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

 1) SPA should be executed.

2) POA can be registered in Mumbai. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

yes it can be registered in Mumbai 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Her presence will be required at the time of registration of PoA

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

once you execute SPOA in Favour of Your Sister, your sister need to visit SRO carrying with their valid identity proof, along with POA photocopy. 

At the Sub-Registrar's office signatures, photographs and fingerprints of the party will be collected.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Aadhar will do

It can be done online 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The question of registration arises only if a power is given for the sale of immovable properties. In Maharashtra, if a power of attorney is donated other than close family member for sell of immovable property it must registered with Registrar

A power of attorney is to be register at the office of the sub registrar within whose jurisdiction the person giving the power resides at the time of execution of the document. Also it will impound Stamp duty @ 5% of market value of the scheduled Property.

Online registration is not possible.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If your sister is the power agent then her photograph is to be attached and a copy of her aadhar card also to be attached to the deed.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This can be answered by a Mumbai based lawyer only.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes you can register your POA online if the facility is available in Maharashtra.

Your sister can sell the property in west Bengal by registered POA of mumbai. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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