• Power of Attorney

1. We are currently located in Telangana, Hyderabad. Earlier in February we were in Punjab & My mother had sold off her land then. Partial payment was received. Now she wants her brother to take the remaining payment of the land sale-deal. For this she wants to make a PoA & send it to her brother in Punjab so that he can receive the remaining amount on her behalf, since she cannot travel to Punjab due to the Covid situation. 
2. My question is that ...
- Is such a PoA made in Telangana with fees paid here, be valid in Punjab? 
- Do both the parties named in the PoA have to be present in the Registrar Office at the time of sign by registrar ?
- How much will be the stamp duty for a property value of 30Lacs ?
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Asked 5 years ago in Property Law
Religion: Sikh

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24 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. 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

1) POA executed in Telangana would be valid in Punjab 

 

2) both parties presence is not necessary 

 

3) stamp duty is state subject and varies from state to state 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. It appears only sale agreement is executed and sale deed would be registered on receipt of remaining amount. 

2. In such cases she can give a registered POA to her brother to register the sale deed on her behalf and receive the balance consideration amount.

3. Now such POA can very well be registered in Hyderabad but her brother will have to remain present in person in Hyderabad at the time of registration of POA.

So decide accordingly. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It will be called as "Power of Attorney for Consideration 0.5% (subject to a minimum of Rs.1,000/-and maximum of Rs.20,000/-)"  Registration fees will be applicable.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes and if brother will also authorize to execute sale deed than register the POA at sub registrar office.

Acceptance of POA sign will also affix but presence of POA holder will not require.  Anyone can sign on behalf brother if brother permits, registrar will not know. Neither it is necessary to sign in presence of registrar.

maximum 15oo rs.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It will be applicable in Punjab as well to collect payment from party on behalf of your mother.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- Yes, she should execute a registered SPA or POA in favour of her brother in Telandana for collecting the remaining amount in Punjab on her behalf. 

- Yes, your mothers appearance is only mandatory at the time of registering the POA

- Since , this POA is only for a limited work , hence value of property would not be counted for registering the same. 

- Fee is depend upon the Lawyer to whom you engaged , and is not fixed. 

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There appears to be a bit of ambiguity in the question so I will try to address both the possible interpretations of the question. If the sale deed has not been executed yet and only deal has been completed unofficially (which seems to be the more plausible interpretation) then POA can be executed but both the parties( you and your brother) have to be present at the office of sub registrar for the registration of the POA. Furthermore registration of POA in such a case shall be compulsory and cannot be done away with since the matter is affecting an immovable property and no notarized attorney will work. In UP stamp duty (in case of brother) would be Rs.500 and is likely to be similar in your state as well. Apart from that there will be a fixed registration charge payable for registration. And the lawyers fees ranging  anywhere between 2000 and 5000 sounds reasonable and fair.

Yes the power attorney executed in telangana would be valid in Punjab.

Now coming to the second interpretation which is less likely and plausible i.e if deed has already been executed and POA is only for recieving money then online money transfer seems a more viable option but power of attorney may also be executed in light of what has been mentioned in the deed. Also such a situation can become legally complicated and it is advisable to take the money as soon as possible if this is the case.

Varun Bhandari
Advocate, Kanpur
86 Answers

-Yes, she will execute this POA at the place/city where she is currently based out of.

-Just your mother

-Stamp on POA doesn't depends on the valuation of the property. This will be requiring a very nominal stamp duty. Confirm with a local lawyer. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

 POA executed before competent authorities under Registration Act is valid.

Executant of POA is required to remain present before The Office of Sub Registrar and Registrar of Assurance. 

Fees of Lawyer for drafting, finalizing and settling the draft of POA depends upon the Seniority of Advocates. 

It may be 10 K to 50 K.

Registration of POA may be 30 K to 45 K depending upon State Government policy. 

Registration charges and Stamp duty differs from State to State and Union Territories in Union of States of India as per shedule IX in the Constitution of India 1949.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hello,

  1. If the PoA is only for the purpose of your mother's  brother to receive the remainder of the sale consideration from the purchase that is already concluded, then it can be executed by your mother in Hyderabad itself where she is now residing with relevant details of the Attorney, her brother and the transaction.
  2. It is only, the Principal,the person who is giving the power that has to sign on the PoA document.
  3. There is no stamp duty involved in the registration of this PoA  as it is a delegation for a follow up action of a transaction that was registered with the Registrar of assurances.
  4. The lawyer's fee is subjective and should be around Rs.5000/- besides the registration and scanning charges that are minimal and varies from state to state.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Yes, it is valid.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes it's valid if registered..

Yes the poa holders need to be present. 

Stamp duty value varies from circle rate to circle rate approx it may be 4 to 6 percent

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The POA deed can be executed in the place where the executor/principal is currently residing. 

She can get it executed and notarized at Hyderabad and send it across. 

2. For executing the registered sale deed on behalf of the principal,  the POA deed should be registered in the registrar office within the principal 's residential jurisdiction. 

The applicable stamp duty may be enquired from the registrar office concerned. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The executor can approach a document writer in the local who will prepare the deed and also help you get the deed registered on his terms. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes POA will be valid and presence of both the parties will be required. 

Stamp duty can be confirmed from the land revenue office. 

Fee of lawyer depends on the particular lawyer you choose 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. The GPA will be valid to be acted upon in Punjab.

2. Get the GPA registered. GPA for sale of property requires mandatory registration.

3. Both parties have to be personally present in the office of sub-registrar at the time of execution of sale deed. Your mother can be represented by her brother in pursuance of GPA.

4. Only a local lawyer can tell what would be the stamp duty.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

execute Power of attorney in Telangana, both parties consent not mandatory. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

We suggest you should consult a local property  lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes a registered POA in Telangana will be valid all over India.

2. No only principal executing the POA can get it registered without presence of beneficiary.

3. Stamp duty of POA doesn't change with value of property, it varies from state to state so you need to get the information from office of sub registrar.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1) Yes POA can be made in Telangana and sent to Punjab, it can be validated there.

2) No need.  The purpose of giving POA is to consider absence of Principal.

3) Stamp duty is state matter, it will be given by Local lawyer.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes it is viable.  Take help of Local Lawyer he / she will be able to complete procedural part.

Depends on his experience and status, you can negotiate.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yeah such a power of attorney can be made where your mother is residing. Both parties don't have to be present there.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The lawyer will take around 5-6 k.

The lawyer will take care of everything.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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