• Power of Attorney to non-blood relation for property transfer

I am buying a plot, measuring 1000 Sq yards in Faridabad, Haryana. The present owner & his blood relations are also abroad. The present owner is 85 years old & neither he or his blood relations want to travel to India due to Covid-19. Can a power of attorney be given no a Non-Blood Relation in India to execute the Property Sale Agreement.

If Yes, then what is the process to do so & what would be the charges associated with this POA.
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

If POA is executed in favour of non family member it would attract higher stamp duty 

 

2) normally in case POA is executed in favour of family member it attracts nominal stamp duty of Rs 500 in mahrashtra 

 

3) POA has to be registered for sale of property 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

yes, POA can be executed in favor of non-blood relation person whose relationship with the POA donor can be defined in case of disputes as to how the POA holder has personal knowledge of POA donor's inclination to execute such kind of Sale Deed/Agreement to Sale and how the POA donor's interest would be secured if POA holder acts on his behalf in his absence.

 

While drafting POA the above mentioned specifications are required to be mentioned and agreed upon as the POA holder is not a blood relative of the POA donor.  

 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

The owner of the property can very well execute a POA deed in favor of non blood relatives also. 

The owner has to execute the deed in the country of his residence duly notarized by a local notary public,  send it to the power agent in India,  who can get it adjudicated before the concerned registrar. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 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.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

yes they can execute the POA and the charges are not much. we charge 1100/- 

they can take the printout there in their country and get it notarised there. then they can post that to india and then you can get it attested here and then you can use it.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Yes POA can be issued to a non relative, but it has to be a registered, stamp duty paid before the sub registrar of assurance in India. Stamp duty is not there for the  relatives

Where as if it is a purchase for the principal of  the POA can be exucated in the country of his residence before the consulate or embassy officer and send it to India and the attorney can notarise before notary in India.

Since 2011 registration is mandatory for sale and execution of any title transfer of property in India.

The seller has to be present for the registration of the POA in India whereas if it is the purchaser he can execute from the country of his residence

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

- Since, the owner of the said plot is unable to travel India , then he should execute POA/SPA in favour of any relative or nearest one in India. 

- It is not mandatory that the POA holder should be blood related , and it can be executed in favour of any nearest one as well. 

- However, that POA/SPA should be noterized as per rule of that country where the owner is residing , and further this POA should be dully attested from the office of Indian Embassy /consulate in that country. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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