No, if you have attested POA through Indian Consulate, then kindly ask your lawyer to get sell transaction registered tin sub-registrar office at respective city area of your property.
For Indian Consulate attested PoA (for spouse to sell a joint property), what is the process to register/adjudicate the PoA in India before the PoA is used to execute the property sale in jurisdictional District Registrar's Office ? Do I need a lawyer to conduct the adjudication ?
No, if you have attested POA through Indian Consulate, then kindly ask your lawyer to get sell transaction registered tin sub-registrar office at respective city area of your property.
Once the POA deed has been attested either by a local Notary Public or by an official of the Indian Embassy/Consulate, you can send the POA deed to the power agent back in India by a sealed cover. he will then carry it to the concerned sub registrar, who will open it and after verification of the identity of the power agent and complying with the necessary formalities as per procedures, the sub registrar will adjudicate the POA deed.
After that the power agent can carry out the tasks assigned in the power of attorney deed.
Once POA is attested before Indian consulate it is not required to be registered
2) on basis of POA attested before Indian consulate you can sell the property by execution of registered sale deed
1. The procedure to adjudicate the POA in India is to present the original POA, a copy of it, passport copies of the principal and attorney alongwith necessary statutory fee to be paid in the jurisdictional District Registrar's Office.
2. It's not a must to engage the services of a Lawyer for getting the POA adjudicated. Nevertheless the Lawyer can get the adjudication done without any complications.
Only a stamp paper of Rs.100 is required to be attached as per stamp duty act of the particular State.
Power of attorney attracts stamp duty, which varies from state to state. If your power of attorney is written on plain paper, then it should be adjudicated before the collector or district registrar. (Foreign Power of Attorney should be stamped by the Collector after its receipt in India within prescribed time of 3 months.)
If so, present the attested power of attorney before the collector or district registrar. If the power of attorney is printed on sufficient stamp paper, then there is no need for adjudication.
It is not necessary for POA to be registered after it has been attested by an Indian consulate. You may sell the property by completing a registered sale deed based on the POA certified before the Indian consulate.
Dear client,
A Power of Attorney (PoA) must be registered and decided upon in India through a series of stages. First, the Indian Consulate outside needs to attest the PoA. It must be registered with the Sub-Registrar of Assurances in the jurisdiction where the property is located as soon as it arrives in India. The Registration Act of 1908, Section 32, requires that PoA be registered. The adjudication process includes figuring out how much stamp duty the document needs to pay in accordance with the Indian Stamp Act of 1899. The adjudicating officer at the District Registrar's Office often handles this. Although it is feasible to complete the process on your own, hiring a lawyer can guarantee that all legal requirements are met, particularly the computation of stamp duty, which is essential for legitimacy.
Hope this helps you.
Thanks for feedback. My spouse & I are residing outside India. The Indian Consulate attested PoA (from spouse to me) will be brought to India by me (as power agent) and hence not courried to India in a sealed envelope. Can I directly take it to the District Registrar for adjudication a day before the sale? Should the PoA be adjudicated within 3 months of PoA creation date?
The POA deed should be adjudicated within the time stipulated therein.
You may first get it adjudicated by the sub registrar concerned after which you can execute the registered sale deed
1. Yes, you can directly take the POA to the jurisdictional District Registrar's Office for adjudication well before the date of registration of the sale deed.
2. The POA has to be adjudicated within 3 months' of it's date of creation.
If the Indian High Commission has attested the PoA, it is legally acceptable. The PoA executed in Canada needs to be adjudicated within 3 months of its arrival in India. It is better to get it adjudicated sufficiently well in advance of registration of the proposed sale, as the prospective buyer may demand to examine it before concluding the deal.
First the POA has to validated by DR with his endorsement and seal. Fee for validation of POA executed abroad is around 1K. the POA should be stamped withing 3 months from the date of arrival in India under Section !8 (1) of ISA. Under Section 23, a document can be presented for registration within four months from its execution. If for any valid reason, such document cannot be presented within four months, time can be extended under Section 26 for its execution.
Dear client,
In accordance with Section 20 of the Indian Registration Act, 1908, the District Registrar is required by Indian law to decide the Power of Attorney (PoA) within three months of its creation. To maintain the validity of the PoA, adherence to this deadline is essential. Adjudication is not necessarily hampered by the certified PoA's lack of a sealed envelope from the Indian Consulate. To allow for processing, submit the Power of Attorney to the District Registrar at least one day before the property sale. Make sure you have the required supporting documentation on hand. The success of the PoA in real estate transactions depends on adherence to legal deadlines.
Hope this helps you.
- If the said POA is notarized as per the rule of Canada and attested from the consulate of India , then the registration is not mandatory /required in India.
- You can use the said POA for sale of property on behalf of your wife .
once the attested POA enters India, it is required to be stamped for the applicable amount of stamp duty within 3 months of its entry
for that the POA may have to be given for adjudication by the Collector of Stamps as regards the proper duty payable on the POA
Instead of the above, the POA can be printed might as well on the proper stamp paper for the applicable duty and then transmitted to the foreign country for attestation before the concerned authority
the duly stamped and attested POA can then be directly used in India for completing the sale formalities on behalf of the grantor of the POA
contact a local agent who can do this stuff. the adjudication step can thus be avoided and time saved