• General Power of Attorney for father (NRI)

I have a property in Bangalore which I need to register. I want to give a general power of attorney to my father who resides in Ranchi (Jharkhand) to execute the registration process of my apartment as well as put it on rent. 
I would like him to help with some banking processes as well on my behalf and hence I am inquiring about a general POA. 

My questions are as below :

1. Can I get a good GPA draft ?
2.  I will notarize the GPA at Indian consulate at US and send it to my father. Does he have only 1 month to register that GPA from the date of notarizing the document?
3. Can he register the GPA at Ranchi or will he have to travel to Bangalore for registering it?

Please guide with the entire process to make it hassle free?

Regards,
Taksh
Asked 10 months ago in Property Law from United States
Religion: Hindu
1, Yes but for which you have to contact a lawyer personally.
2. There is no such restrictions on time limit.
3.The registration is to be done in Bangalore only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you can engage a lawyer to have draft of POA prepared 

2)GPA can be registered in Ranchi wherein your father is presently residing 

3) GPA should be registered as soon as possible 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
Hi, you have to execute GPA in favour of your father and it has to be attested in Indian consultant.

2. After it has attested  in the Indian consultant and then it has to be adjudicated in District Registrar.

3. As the GPA has been executed with in family members so registration is not required.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. Yes. you can get good draft by selecting anyone from this website by contacting admin and the basic principles of GPA is Power of Attorney Holder should be a resident of India.The power of attorney should be executed on a stamp paper/plain paper and in a manner as the case may be as applicable to the country in which the power of attorney is executed.

B. Stamp duty should be paid in India within three months of receipt in India, as applicable in the state where it is to be submitted.  Photograph of the POA holder should be pasted on the POA and it should be attested by executants/maker of POA.The POA executants/maker should sign the POA in front of official of Indian Embassy/Consulate/High Commission in that country where the POA executants/maker resides. The official will also attest the signature of POA executants/maker.POA executants/maker must affix his/her signatures on every page of the Power of Attorney.

C. You can register the GPA either Ranchi or Bangalore. But it would be better if you register at Bangalore because of property situateted at Bangalore and it is easy to deal without confusion.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1. Engage a lawyer to get GPA drafted. The GPA would have to be registered in India after it has been attested at the Indian Consulate in US. It should be registered within a month, failing which the sub-registrar may refuse to register it. Do not wait for even a month. ASAP would not mean more than a week.

2. The GPA can be registered by your father where he resides. The registration of GPA is possible anywhere within the territory of India. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. You can get a good GPA draft.
2. Maximum 3 months' time is provided for registering the GPA from the date of notarising the document.
3. Your father's personal appearance at Bangalore is not required, but he can send the same to one of his contacts or a lawyer in Bangalore and get the same adjudicated.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
Hi, as per Karnataka stamp act adjudication has to be done in District Registrar with in 3 months otherwise GPA is not valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) A power of attorney executed outside india but which relates to property in India is chargeable to stamp duty has to be stamped under provisions of indian stamp act 

2) the same is required to be stamped/franked/  adjudicated within period of 3 months from date of receipt in India by collector of stamps before it can be used for registering / transferring the property 

3) registration can be done in Ranchi since your father is resident of ranchi 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
You can give a POA to your father, the document you will be sending him should be attested at the Indian Embassy, this document must be couriered to him in Ranchi (Jharkhand), there on receipt he must get it duly adjudicated with the District Sub-registrar of Stamps and Registration as it is a foreign document executed outside India. The necessary stamp duty needs to be paid for the said document there, the time limit prescribed is within 30 days from the receipt of such attested document (Proof of receipt must be enclosed). He need not travel to Bangalore to register the GPA.
Then he can use it in Bangalore and get the sale deed duly registered, rent the property and complete the bank formalities as well. 
I can provide the best of the GPA Draft that covers all the above points.
Kiran N. Murthy
Advocate, Bangalore
770 Answers
52 Consultations
5.0 on 5.0
My questions are as below :

1. Can I get a good GPA draft ?
You can always get a good draft if you engage the services of a good lawyer, there is no dearth for good lawyers in this forum.
 

2.  I will notarize the GPA at Indian consulate at US and send it to my father. Does he have only 1 month to register that GPA from the date of notarizing the document?
You can send the notarised GPA to your father in a sealed cover addressing the concerned registrar on the top of the envelope.  In this case, may be presented for registration within four months from the date of execution (signature). If a document is executed out of India, the period of four months will be counted from the date of its first receipt in India.



3. Can he register the GPA at Ranchi or will he have to travel to Bangalore for registering it?
For a property situate in Bangalore, it would be better to get the GPA also registered in Bangalore itself.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
I got conflicting answers for questions 2 and 3. Which one is the correct answer? 
Q2:  One response says it can be done in Ranchi ,and another says it needs to be done in Bangalore only. 
The property is situated in Bangalore therefore it shall be registered in Bangalore itself.




Q3 : One response says there is no time limit for registering a GPA after Indian consulate notarization but another says it should be done as soon as possible. Can as soon as possible be quantified. 
Document may be presented for registration within four months from the date of execution (signature).
If a document is executed out of India, the period of four months will be counted from the date of its first receipt in India.
After four months document may be presented within another four months with penalty subject to maximum of ten  times the registration fees if the District Registrar grants permission. But document may be presented before Sub  Registrar within eight months. Thereafter it cannot be accepted for registration. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. You can get the GPA drafted by a lawyer, preferably from Bangalore,

2. You can get the same notarised before your local Indian consulate,

3. It should be registered at the earliest and there is nothing specified as what is earliest. Without registration no property document is treated as valid and enforceable. So, your notarised GPA will have no value without being registered. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You are going to deal with the property at Bangalore. So, you shall have to register the GPA at Bangalore only,

2. If you do not register your GPA notarised GPA for making it enforceable. There is no tile limit in this case and you only will not get the benefit of the said GPA untill the same is registered/endorsed before the Indian Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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