• Registration of Power of Attorney

1) Is Registration of Power of Attorney in respect of transfer of immovable Property compulsory in the state of Maharashtra and Gujarat? If yes, since when it is compulsory in both these states separately.
2) If a person is untraceable for the last fifteen years, can his death certificate be prepared and whether interest in his flat can be transferred to his wife if she is nominee as per the society records? If yes, what is the procedure to vest legally valid title in favour of his wife so that she can further transfer the flat ?

Please reply both these querries relating to Property in detail separately.

Best Regards
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) it is compulsory to register power of attorney for transfer of immovable property . It is compulsory after April  2013 in Maharashtra 

2) please clarify whether missing police complaint has been filed or not . After 7 years person can be declared as dead if not traceable 

3) nominee is I only trustee for legal heirs 

4) she cannot sell the flat . Need succession certificate or letters of administration from Bombay high court 
Ajay Sethi
Advocate, Mumbai
24643 Answers
1320 Consultations
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The Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 I (Act) in sub-section 1 in its application to the State of Maharashtra. As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way executed on and after the commencement of Registration (Maharashtra Amendment) Act, 2010 shall be compulsorily registered 
Ajay Sethi
Advocate, Mumbai
24643 Answers
1320 Consultations
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1) have to take certificate from the police that they could not trace the missing person. then you have to approach the civil court by filing a civil suit seeking a declaration that the said person is dead since his whereabouts are known for the past seven years.

2) you can obtain letters of administration from court.  petition has to be filed by legal heir if person died intestate 

3) you have to pay court fees depending upon valuation of property . 

4) notice is issued to all legal heirs . 

5)if no objections received you would get . letter of administration in 6 months 

6) succession certificate is for movable securities 

7) The Govt.of Gujarat has inserted sec.17aa in Registration Act and has made poa compulsory for registration.
Ajay Sethi
Advocate, Mumbai
24643 Answers
1320 Consultations
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Hi, if the Power of Attorney is executed within the family members then Registration is not compulsory.

2. If the Power of Attorney is executed outside the family members and the sale  clause is there in power of attorney  for selling the property of in Power of Attorney then registration is compulsory.
Pradeep Bharathipura
Advocate, Bangalore
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140 Consultations
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1) Is Registration of Power of Attorney in respect of transfer of immovable Property compulsory in the state of Maharashtra and Gujarat? If yes, since when it is compulsory in both these states separately.
Registration of power of attorney is mandatory across the country in all the states after the supreme court judgement in the year 2012 December.




2) If a person is untraceable for the last fifteen years, can his death certificate be prepared and whether interest in his flat can be transferred to his wife if she is nominee as per the society records? If yes, what is the procedure to vest legally valid title in favour of his wife so that she can further transfer the flat ?
If a person is untraceable for more than seven years he can be declared as civil dead, but for that a complaint under man missing should have been filed with the police, who after a stipuated time shall issue non-traceable certificate after which to apply for declaration suit for civil dead under the provisions of Indian evidence act section 108:
The Indian Evidence Act,1872
108. Burden of proving that person is alive who has not been heard of for seven years. -
Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

First of all get a police certificate that missing person is not traceable,then file an application with the authority concerned to treat him dead as 7 years have already passed referring provisions of section 108 of the evidence Act and make a prayer to release his service benefit in favor of his heirs/widow.
If the authority grants you the prayer of service benefits then you need not file any suit but in case the authority rejects you to grant your prayer a cause of action has arisen to you,then in case appointment employer is any government authority,you need to issue a legal notice under section 80 C.P.C. FIRST BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE AND AFTER PASSING OF 60 DAYS TO BE COUNTED FROM THE DATE OF SERVICE OF NOTICE YOU NEED TO FILE A SUIT IN THE COURT OF CIVIL JUDGE.
T Kalaiselvan
Advocate, Vellore
15220 Answers
139 Consultations
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1)whether registration of POA is required in the state of Gujarat? If yes, since when.
The registration of POA has been made compulsory among all the states across the country since December - 2012.



3)What is the procedure for obtaining succession certificate?
You have file a suit seeking succession certificate before the district court of your jurisdiction. 



4) What is the procedure for obtaining letters of administration in Bombay High Court? Is any one of these two (suucession certificate or letters of administration) sufficient to transfer the flat?
Letter of administration or legal heirship certificate will be required to transfer the property.
T Kalaiselvan
Advocate, Vellore
15220 Answers
139 Consultations
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1. Registration of GPA is mandatory throughout India for execution of the instrument of transfer of title to the property. It is so since the enactment of the Registration Act.

2. If a person is untraceable for 15 years then a judicial declaration of him being dead is required to be sought from the court, and only thereafter his interest can be transferred by his heirs. Mere nomination does not permit the transfer of interest. 

3. Missing complaint should have been filed a long ago.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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