Mere notarised general POA is not sufficient for mortgage release deed
the POA should be registered with sub registrar
Notarized POA for Mortgage Release Deed
I have a General Power of attorney which is Notarized in Vadodara Gujarat for the Property located in Mumbai. Can this Notarized POA be valid in Mumbai for Mortgage Release Deed ? Or a fresh POA has been registered in sub registrar office in Mumbai ?
Asked 17 days ago in Property Law
Religion: Hindu
11 Answers
We also have Registered general POA , registered in Mumbai. But specifically Mortgage Release Deed word is not mentioned in that POA. Instead it's mentioned that Everything related to sales, purchase agreement, Rectification deed, Correction deed, leave licence etc etc and any other other documents related to sales & purchase . Do we need to do POA again ?
Asked 17 days ago
The general power of attorney does not authorise you to execute mortgage release deed
specific registered POA is required for said purpose
1. POA is valid for Mumbai property also.
2. POA seem general power of attorney. "that every thing" and "etc. etc." also covers power to execute mortgage.
Hello,
- If you have a registered par of attorney you can have the Mortgage Deed or release Deed executed and would not need another PoA.
- It does not matter where the PoA is registered. All that matters for a transaction of the sort mentioned the PoA has to be registered.
1. First and foremost it's to be noted that unregistered notarized POA after 2011 is not legally valid.
2. Registered POA in Vadodara for the property situated in Mumbai is valid and legally binding.
2. Get the POA registered in Mumbai incorporating the clauses such as Mortgage Deed, Release Deed, etc..
The POA has to be registered if you are transferring any immovable property from the same
Notarized power of attorney deed is not considered as legally valid document to be sued for a transaction pertaining to an immovable property.
If it is a registered power of attorney deed and having the Mumbai property mentioned as schedule of property ion the POA deed, then it can be used for the proposed transaction to be had in Mumbai
If there is no mention about the proposed current transaction in the existing POA deed, then it may not be accepted as a valid authorisation to transact with the property over the specific purpose.
You may have to obtain a new special or specific power of deed duly registered to carry out this task of mortgage/release of the mortgage
Dear Client,
Generally, a notarized POA from one state may be accepted in another state, but there are exceptions and requirements that may vary. In India, while notarization provides some level of authenticity to the document, it may not always suffice for all legal transactions, especially those involving immovable property like real estate. In many cases involving property transactions, especially those requiring documentation like a Mortgage Release Deed, it's common for parties to prefer or require a POA that is registered locally to avoid any potential legal complications or challenges. Therefore, registering a fresh POA in the Mumbai Sub Registrar office might be the safest option to ensure the validity and acceptance of the document for the intended transaction.
- A notarized GPA is not valid for doing any transaction of property
- Further, a registered GPA/POA holder can use this deed even in other parts of India as well , if there is mentioned that the attorney will have right to use this deed in Mumbai for the specific purposes.
- Since, there is mentioned in the deed that the GPA is for everything related to sales, purchase agreement, Rectification deed, Correction deed, leave licence etc. and any other other documents related to sales & purchase, hence it is valid.
Kindly register new POA in the Mumbai with all specific wording in it required as per your terms and conditions of the agreement fact and issue.
