Special Power of Attorney
I have an under construction property in Noida- Owner my wife and I am the co-owner, possession for which will be given in August. My parents live in Delhi and I with my wife live and work in Hyderabad. I am not a resident of Hyderabad, and we live here in rented accomodation.
However, I have Voter's ID and Adhar card showing my address in Hyderabad, my wife has Adhar card and a bank account in hyderabad - on hyderabad address.
For some reasons I may not be able to travel to Noida for registration formalities and I wish to give a SPA to my father who then shall be able to take care of all the formalities related to property registration in Noida. My builder has asked my to get the SPA registered for my father to be able to carry out all these formalities.
Can I call my father to Hyderabad and have the SPA registered here itself (I understand that all the parties must be present for this purpose)
Please let me know if any more information is required
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
1. SPA should be registered one for better performance.
2. Since the property is situated in Noida, you are advised toe execute the register the SPA in Noida only not in Hyderabad.
3. However if you go for a notarised SPA then you can do so in Hyderabad only for which your father need not be present in Hyderabad.
repeated question. already replied.
Advocate, New Delhi
1) Special Power of attorney should be duly stamped and registered .
2) since property is in Noida registration should be done in Noida only .
Thanks for quick replies
However I already did notarize the SPA on 100 stamp paper and issued to my father.. my builder rejected saying that this will not work. Only a regisrered SPA that has all parties signatures will work.. and that the presence of all parties are required in front of sub-magistrate/registrar. As per my builder I am required to print it on a stamp paper again and get it registered.
So I am confused now. What should I do orp tell to my builder
Asked 3 years ago
Under Registration Act, registration of Power of Attorney is not compulsory but optional.Hence, a PoW duly notorized is also valid.
Advocate, New Delhi
as advised telephonic ally get POA registered . builder does not want to take any chances . hence he is insisting on regd POA to deliver possession of flat to your father .
Registration of Power of Attorney is a must, if it is not done it will not be valid. Let the registration be done in Noida only. Notarised unregistered Power of Attorney is not valid.