Hello,
If the consideration is flowing to you and not to your brother then you can get the same attested from the embassy and send it to your brother.
Regards
Hi, For relinquishment deed of a property in Delhi (Geeta Colony), If a legal heir (outside India) provides Special Power of Attorney (aka SPA) to his brother (In Delhi, India)(also a legal heir), is it compulsory by law to have the SPA registered in Delhi ? Let me know, Thanks!
Hello,
If the consideration is flowing to you and not to your brother then you can get the same attested from the embassy and send it to your brother.
Regards
It is sufficient if POA is attested before Indian consulate abroad
it is not necessary to register SPOA in India
Dear Client,
It is compulsory to register the POA document if it is made in relation to sale / purchase / transfer of an immovable property in India.
Thanks
Yes, for all documents with consideration value above 100 rupees, compulsorily registrable. You have to pay stamp duty and registration fee as well as per the state laws
The property is not being sold. It is being relinquished by the brothers to their mother(also legal heir). Is it still compulsory to register ?
Dear Querist
if the Power of Attorney or special power of attorney attested by Indian Consulate situated in the country where the executant is presently reside then there is no requirement for apostle the SPA.
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The SPA executed in a foreign country has to be adjudicated in the place where the power agent resides in India after which he can execute the release deed on behalf of the principal too.
Any transaction in respect of the immovable proeprty shall be valid only if it is done by a registered deed.
It will not be a legally valid document if it is not done by a registered document.
Yes it is mandatory as per section 17 (b), which is as follow:
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit
or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent,
of the value of one hundred rupees and upwards, to or in immovable property;
Regards
Consulate/Indian Embassy signed or attested SPoA received by the brother in India(the Attorney Holder) will have to be taken to the SDM Court in Delhi for registration.
- No registration of SPA is required , as the person who is giving attorney is outside India.
- However, that SPA should be notarized as per rule of that courtly and must be attested from the consulate of India .
Even in relinquish/release deeds, there must be a deed executed by the parties at the Sub-registrar office. In all property transfers, the consideration aspect of the deed is determined by the value of the property being transferred. The stamp duty & registration fees are calculated on the basis of the value of the property only. In essence, if you want to make some property transaction through power of attorney, you have to pay almost double the amount of money than otherwise, the party is present.
Dear client,
It is always safer to register in case a dispute may arise around the land in the future. It would be wise to get the title registered in your mother's name.
Thank you.
The spo has to be attested by Indian consulate/higher commissioner. After it has to be validated by t office of district register. It has only to be validated by payment of one per cent of circle rate of property. No registration is required.
Special Power of attorney is executed as per the Law, it is required to get adjudicated before the Deputy commissioner for Stamps. no need for registration.
Yes, the special PoA has to be compulsorily registered at the registry within whose jurisdiction the property is located. Only then will the deed of relinquishment be registered.
It is compulsory to get the special power of attorney registered in Delhi as there is transfer of title in the property via relinquishment deed.