• POA for selling property - registration

The immovable property (apartment) is located in Bengaluru, Karnataka. The owner of the property resides outside India. The owner has executed power of attorney (POA) in favour of his close relative to enable him (relative) to sell the property, sign/execute sale deed & sign registration documents at the Sub registrar's office on owner's behalf. This POA is registered in Lucknow, Uttar Pradesh where the relative normally resides. Can sale of property in Bengaluru using POA registered in State outside Karnataka be valid and whether such sale can be registered at Sub Registrar's office in Bengaluru, Karnataka ? Or the POA needs to be registered where immovable property is located i.e. Bengaluru, Karnataka. Please highlight any risks, issues that we need to watch out for in this situation
Asked 1 month ago in Property Law
Religion: Hindu

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17 Answers

The sale deed can only be registered where the property is located. The PoA has to be registered. There is no specific place where the PoA has to be registered. I don't think there would be any problem as long as you have done all this.

 

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Registered POA executed in Lucknow would be valid for sale of property in Bangalore 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

POA executed outside Karnataka will be valid for the property situated in Karnataka, viz., Bangalore. However, you should ensure that the Principal is alive as on the date of registration of the property by the attorney. Based on the POA registered outside Karnataka and since the property is located in Karnataka, the property can be registered in the jurisdictional Sub Registrar's Office in Bangalore.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

Any Registered Power of attorney is executed in other state is valid for sale in bengaluru. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

POA may be executed out side State  is valid subject to being Special Power Of Attorney to attorney authorizing the attorney to sell the property with specific information and full disclosure of the property then No problem other GPA is not a valid POA for sale.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Yes. If the POA is still valid and has not been revoked in the meantime then it can be acted upon in another state. However check whether this particular property is mentioned in the PPA or not.

If you hesitate then a recent notarised POA in favour of same person can be done in abroad and after getting it stamped in Bangalore you can proceed further. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

It's better to register in city where property belongs. Check in which language it's registered and stamp duty and registration charges are charged state wise.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

The registered power of attorney deed even though registered at a different place shall be held valid  to enable the power agent to execute the registered sale deed of the property situated in a different location, there is no legal infirmity in it.

 

Before that, please confirm that how did the principal execute this power of attorney deed, whether in India or from the country where he is currently residing.

If the power of attorney deed had been executed by the principal from the country of his residence duly attested by an official of the Indian embassy of that country or by a notary public of that country, need not be registered once again in India, it just can be adjudicated by the registrar within whose jurisdiction the property falls.

Since this is purchase of an immovable property with huge investment, it is advisable that you obtain a proper legal opinion from an experienced lawyer in the local or elsewhere so that you do not suffer with litigation at a later stage.

 

T Kalaiselvan
Advocate, Vellore
69352 Answers
929 Consultations

5.0 on 5.0

Hello!

The PoA can be registered anywhere in India. 

As long as the property is duly registered in your name after paying the stamp duty, there should be no serious legal issues. 

The property can be registered in Bangalore using the PoA.

As a precautionary measure retain a copy of PoA with you. 

Best wishes.

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

No risk in the same

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

The  POA issued in the name of agent is valid. He / she can proceed on behalf of the principal in completing the transaction, however, the same has to be got VALIDATED in Karnataka at the Sub Registrar's office where the property is going to be registered / transferred in order to confirm authenticity of the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested the said sale will be fully valid and can be registered at Bengaluru. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

This POA is valid and sale can be proceeded

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

A. Owner of the property can execute a General Power of Attorney at any place in India but it has to to be registered with in the parameters of Indian Registration Act while disposal of his property. However please check the registered GPA as to whether it is still operating or cancelled by the owner recently or GPA holder is still alive in the absence of any interest created by virtue of sale agreement.

B. You can get a property through the said GPA by mentioning the owner name in the Sale Deed as owner represented by his GPA holder name with the details of registered GPA.

C. Hence. GPA need not be required to register in Bangalore merely property situated at Bangalore.

B.T. Ravi
Advocate, Bangalore
940 Answers
96 Consultations

5.0 on 5.0

POA is valid all over India. No risk involved. Maximum sub registrar, blore will again notify the POA. Can go ahead with purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. Yes sale by registered POA is valid in Karnataka if there is no specific notification for barring the sale by POA in Karnataka. 

2. If sale by POA is allowed in Karnataka then it can be done through POA registered in any part of India. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

POA containing a power to sell property has to be registered with the office of the sub-registrar having jurisdiction over the area where the property is situated

thus the POA is required to be registered before the Bangalore sub registrar since property is situated in Bangalore

Yusuf Rampurawala
Advocate, Mumbai
5763 Answers
35 Consultations

5.0 on 5.0

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