• Registration of power of attorney in Ahmedabad to execute sale deed of a flat in Pune

Sir,
I am in deal to buy a flat located in Pune whereas its owner is residing in Ahmadabad Gujrat.
Can he give POA to his relative in Pune to execute the sale deed?
Asked 4 years ago in Property Law
Religion: Hindu

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29 Answers

POA can be registered in Ahmedabad For execution of sale deed  as owner is residing in Ahmedabad ti relative in Pune 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

It should be given in favour of family member otherwise has to be stamped as conveyance 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 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

1. The owner of the property residing in Ahmedabad, whose property is located in Pune can give POA to his relative in Pune to execute the sale deed on his behalf.

2. POA can be given in favour of anyone, including the blood relatives. If POA is given to blood relative, the stamp duty towards registration of POA in the jurisdictional Sub Registrar's Office will be nominal, whereas if POA is given to non blood relative, the stamp duty levied will be equivalent to that of the stamp duty payable towards sale deed.

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

For sale deed registration owner should be present. Transfer of title is not possible on POA based.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

He he is free to depute his Attorney/Agent through POA to execute the formalities with respect to registration and execution of sale deed on his behalf.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

No necessary that POA should be given to someone in blood relation only.

2. please note that registration of POA for sale of property is mandatory.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

As per latest judgement by Supreme Court "that property transfers done through PoA will not be valid. If you buy a property from a person with PoA, the earlier owner will still be considered the title holder."

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Querist

Registration is not mandatory but if possible, should be registered. it is not mandatory that POA holder should be the blood relatives.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear Sir/madam,

The said POA may be given in order to execute the sale deed in favour of anyone not necessarily to blood relative. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes registered POA. POA can be given to any person. Not mandatory, POA holder should be relative. POA can register at any sub registrar office of India.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

If the PPA is gratuitous then it must be given to a close relative. 

POA can be registered only in presence of both Principal and Agent at a place where the property is situated or where the Principal is residing. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Yes definitely he may execute POA at Gujrat for sale of property in Pune.

Not necessarily a person has to be blood related to the executor of POA. Attorneys may be appointed by even non-blood related person for specific period and task.

GPA and SPA may be executed before competent authorities in any part of the World except some Countries who are not in the list of GATT with UN and  UNO.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Yes he can give a registered power of attorney to his relative in pune to register sale deed in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Giving POA in blood relation is not mandatory though registration of same for property registration is necessary.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir,

Yes. The seller can give PoA to his relative to execute the sale deed. 

It is not mandatory to give it to a blood relative, however the charges would be high if it is given to somebody else.  

Registration is mandatory.

Best wishes. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

- A Power of attorney is a legal document in which you give someone else the authority to act on your behalf ,but the attorney holder cannot perform any such duty which is not mentioned in the document itself. 

- As per law, the power of Attorney is valid universal and is acceptable in all states of India, and it must be duly stamped, notarised or registered , before two witnesses.

- Hence , he can give POA to his relative in Pune to execute the sale deed. 

- When the POA is given for property transfer , then it should be registered from the office of Registrar ,and it should be given to known person/relatives. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

Yes it can be given. No poa can be given to person other than relatives

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

If the owner is not able to travel to Pune to execute the registered sale deed in favor of the buyer, then he can execute a registered power of attorney deed in favor of his relative residing in the place where the property is situated to execute the registered sale deed on his behalf.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

It is not mandatory to give power of attorney deed only in favor of the blood relative, however it can be registered with the registrar's office within the jurisdiction whre the principal resides.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

POA can be given

if POA is given to a blood relative then stamp duty is 500

if POA is given to a person other than blood relative then stamp duty will be as applicable for a conveyance if the POA contains a power to sell clause

registration is compulsory in Maharashtra for POA with power to sell clause

Yusuf Rampurawala
Advocate, Mumbai
7519 Answers
79 Consultations

5.0 on 5.0

Hello,

  1. The PoA for sale has to be a registered one with applicable stamp duty paid.
  2. There is no rule that it has to be given to a blood relative; it can be given to a third party. However, this would involve stamp duty.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

Dear sir ,

But the power of attorney have to get registered before the sub registrar without registration it stands null and void; no it can be given to known people too!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

POA is to be registered otherwise it is invalid

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

yes he can execute Registered SPOA in favour of any relatives. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes he can make a registered POA in favour of his relative for registration of property on your name. 

2. Yes it mandatory to register the POA with sub registrar but it's not mandatory that POA to be given only in favour of blood relative. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes he can do that. Property can be bought and sold like this but it has to be registered.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Blood relations restrictions do not exist. A person can give PoA to anyone.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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