• Is it compulsory to register Special Power Of Attorney (Executant outside India)

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!
Asked 2 years ago in Property Law
Religion: Sikh

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21 Answers

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 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

It is sufficient if POA is attested before Indian consulate abroad 

 

it is not necessary to register SPOA in India 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

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

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

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

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

not compulsory to register if it is attested before Indian consulate abroad 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

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.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85702 Answers
2265 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85702 Answers
2265 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Yes if it's used for transfer of immovable property it's mandatory

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

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. 

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
304 Consultations

5.0 on 5.0

Registration of POA is compulsory, even if it's between the legal heirs. 

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

- 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 . 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

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.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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.  

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

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.

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

Hi, The registration of SPA is not compulsory between brothers.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

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.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

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. 

Swaminathan Neelakantan
Advocate, Coimbatore
2855 Answers
20 Consultations

4.9 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It is still compulsory to register the special power of attorney even if the property is not being sold and a relinquishment is being executed as there is transfer of title involved and therefore registration becomes mandatory

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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