• Where to register special power of attorney and where to register general power of attorney

Hi,
 Where do I have to register special power of attorney? is it in the sub register office where them propoerty is located or any sub register office in the district or state where the property is located is enough.do I have to register general power of attorney if so where do I have to register general power of attorney
Asked 12 months ago in Property Law
Religion: Hindu

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10 Answers

The POA is to be registered where the property is situated. However in few states like Maharashtra the POA can be registered if the Principal resides there even if the property lies somewhere else. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can register Special  power of attorney where property is situated or where principal is residing 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

When dealing with powers of attorney (POA), both general and special, the registration requirements can vary depending on the specific purposes of the POA and local laws. Here’s a general guideline for registering these documents in India:

  1. Special Power of Attorney (SPA):


    • Purpose: An SPA is typically used for specific acts, such as selling property, managing real estate transactions, or dealing with other specific financial or legal functions.

    • Registration Location: If the SPA involves real estate transactions, it is advisable to register it at the Sub-Registrar’s office where the property is located. This ensures that the document is officially noted and linked to the property records, which can be crucial for transactions like sale, mortgage, or lease.

    • Process: You need to present the original SPA along with the required identity proofs and other relevant documents. A registration fee will be applicable, which varies based on the state’s regulations.

  2. General Power of Attorney (GPA):


    • Purpose: A GPA grants broad powers to the agent to perform various acts on behalf of the principal, which can include financial transactions, legal commitments, and personal matters.

    • Registration: Registration of a GPA is not mandatory unless it involves transactions dealing with immovable property. However, registering a GPA adds a layer of authenticity and legal enforceability, particularly in handling significant transactions or when used in prolonged and varied dealings.

    • Registration Location: If you decide to register a GPA, it can generally be done at any Sub-Registrar’s office within the state where the principal resides or where the transactions will occur. For real estate-related powers, registering at the office where the property is located is recommended.

Advantages of Registration:


  • Legal Protection: Registration provides legal sanctity and makes the POA more credible to third parties, such as banks, courts, or buyers.

  • Prevents Misuse: A registered POA is harder to misuse, as the specifics of the powers granted are clearly documented and publicly recorded.

Steps for Registration:

  • Visit the Sub-Registrar’s office with the original POA, ID proofs, and other necessary documents.
  • Pay the applicable registration fee.
  • The POA will be registered after verification of the documents.

For both types of power of attorney, it is wise to consult with a legal professional to ensure that the document is drafted accurately and fulfills all legal requirements. This step is crucial to avoid any future legal complications or misunderstandings.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

The power of attorney deed is to be registered in the sub registrar office within whose jurisdiction the principal/grantor/executant resides.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If you have executed POA in a foreign Country, then the POA has to be countersigned by an Officer of the Indian Consulate/Notarised and then adjudicated in India in the jurisdictional District Registrar's Office.

2.  In case you are in India, then the POA could be registered in any Sub-Registrar's Office in India, preferably within the State in which the property is situated.

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Both can be registered in sub registrar office of registration 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

In the  office of Sub-Registrar where property is located. Registration of POA is mandatory for transfer of immovable property.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

The PoA, whether general or special, can be registered with the sub registrar under whose jurisdiction the principal lives. Or it can be registered with the sub registrar under whose jurisdiction the property lies. Once registered thus, the PoA shall be valid throughout India.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

In India, the registration of a Power of Attorney (PoA) depends on whether it is special or general:

1. Special Power of Attorney (SPA):

  • Where to register: A Special Power of Attorney must be registered at the Sub-Registrar Office in the jurisdiction where the property is located. This is the general rule, as the PoA pertains to a specific property, and it must be registered in the location where the property exists.

    If you are giving a Special Power of Attorney to someone for a specific task related to your property (e.g., selling property, signing documents), it must be executed in the same district where the property is located.

  • Documents required:

    • PoA document (duly signed).
    • Proof of identity and address of the person executing the PoA (e.g., passport, Aadhar card).
    • Two witnesses with valid identification.

2. General Power of Attorney (GPA):

  • Registration Requirement: A General Power of Attorney (which grants broader powers, such as managing your property or conducting business) is not compulsory to register unless it is required for specific property transactions (such as selling or transferring property). However, registering the GPA is advisable to ensure its validity in legal matters.

  • Where to register: If you choose to register the General Power of Attorney, it should be registered at the Sub-Registrar Office where the person executing the GPA resides. In case the GPA involves property transactions, you may also choose to register it at the Sub-Registrar Office where the property is located.

  • Documents required:

    • PoA document (duly signed).
    • Proof of identity and address of the person executing the PoA (e.g., passport, Aadhar card).
    • Two witnesses with valid identification.

  • For Special Power of Attorney related to property, you must register it at the Sub-Registrar Office where the property is located.
  • For General Power of Attorney, you may register it at the Sub-Registrar Office in the area where the executor resides, although it's advisable to register it if it involves any property transaction.

If you are unsure, it's always advisable to consult a local lawyer or notary for guidance on the specific registration process for your situation.

Aman Verma
Advocate, Delhi
502 Answers

- If the said GPA is given to an agene for dealing the property on behalf of the owner of the property , then he can register the GPA where the person /principal of the GPA is residing .

- Further, if the said GPA is for the transfer of the property then it should be registered where the property is located. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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