• General power of attorney

can a notraised unregistered irrevocable general power of attorney made in 2002 which is coupled with interest and on which no stamp duty has been paid, be used to get a sale deed for immovable property with a value greater than Rs 100 registered in 2006 in karnataka

also can i file a writ petition in the high court in karnataka againest the Inspector General of Stamps and Registration Karnataka asking for a reply from them on this subject
Asked 2 years ago in Property Law from Bangalore, Karnataka
Under the Karnataka Stamp Act 1957, power of attorney 'includes any instrument (not chargeable with fee under the law relating to court fees) empowering a specified person to act for and in the name of the person executing it'.


The registration of the document is not compulsory. When it is to be registered it should be presented at the sub-registrar's office with jurisdiction over the immovable property referred to in the document.
You can check Surat lamp and industries v state of haryana 2009 7SCC 363 is in your favour.
That GPAs are not valid transfers of ownership. Only registered sale deeds are.But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.

But Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary. A court will presume that every document purporting to be a power of attorney, that has been executed before and authenticated by a notary public or any court, is properly executed and is a conclusive proof. Each page of a document notarised should bear the official stamp of the notary disclosing his registration number and jurisdiction , and also his signature. Appropriate notary stamp has to be affixed.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1)power of attorney has to be duly stamped and registered for sale of immoveable property . 

2)in the present case the POA would not be valid as it is not stamped and registered . it would be in admissible in evidence . 

3)if on basis of said POA has been registered you can certainly take legal proceedings challenging the sale of immoveable property .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
It is neccessary that the sale deed must be registered if its value is more than Rs.100/- irrelevant of the fact whether the gpa is registered or not. 

You can't file writ petition. As it can be filed only if your fundamental right is affected. 
You can get neccessary information through Right to Information Act
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
A. Generally, GPA need not be registered but it should have a proper stamp duty.

B. The GPA must be registered while creating a right or transfer a right under the GPA.

C. You can challenge the GPA  before the court on the basis of Sale Deed was  executed by presenting a un registered GPA.

D. In your case, the GPA would not be valid due to above said reasons.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. Sale Deed can not  be executed and registered through unregistered POA,

2. So, if the said sale deed has cbeen registered with the help of unregistered POA, it is invalid and can be challenged in the Court of law,

3. You need not file WP for getting information from the Registrar. Simple query through RTI route is enough for the purpose,

4. You can file a WP against the Registrar praying for cancellation of the said illegal sale deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. An unregistered Power of Attorney with no stamp duty paid thereon cannot be the basis of a sale deed. If the sale deed has been executed on the basis of an unregistered GPA then it is void. 

2. Writ petition is not required to be filed against Inspector General of Stamps. GPA ought to be challenged in the court which can cancel the sale deed as it has been made on the basis of an unregistered and unstamped GPA. Alternatively writ can be filed against registrar for cancelling the sale deed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Hi,
 The aggrieved party should challenge the the registration of the sale deed  in a civil court as the General power of attorney was not sufficiently stamped or registered.  If the sale deed was executed by a POA holder who was duly and legally authorized as per the law existed the time of th  sale deed it can be challenged. 
 However you do not have to approach the high court for a writ of mandamus as it is up to the trial/civil court to look into the matter and decide the the sale deed void or not. 
Under the Indian registration act   sec. 69 and 18 registrar is answerable too.
Madras high court observed in " S.Geethan C.Winson vs The Inspector General Of ... on 5 July, 2012"
	“Once the person representing the true owner was not genuine, it was always open to the Sub-Registrar not to return the document. The contention of learned counsel for the petitioner, that registration of power of attorney is optional also cannot be accepted, though it is not disputed, that unregistered power of attorney is valid, but where the attorney has the right to transfer the immovable property worth more than Rs.100/-, then it is compulsorily required to be registered. The person holding unregistered power of attorney, has no right to transfer immovable property worth more than Rs.100/-“.
 Karnataka Hgch court has observed   in "The Agricultural Produce Market ... vs M/S Shree Karthik Investments And on 6 February, 2014, that:-
 "If a Power of Attorney is coupled with interest such a document is compulsorily registrable document under the Stamp Act. Merely because, a clause says that the document is an irrevocable Power of Attorney it cannot be treated as an irrevocable Power of Attorney. If the Power of Attorney is coupled with interest it requires the details of the amount payable by the 1st defendant to the plaintiff"
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
A sale is not possible with an unregistered GPA.Therefore the sale can be challenged in the court and the deed of sale cancelled.
You don't need to file a writ petition to get information.You can file a petition under RTI and obtain information or get a reply.
It may be noted that a GPA granted in favour of any person with respect to any immovable property per se does not convey any right or title or create any interest in respect of such immovable property in favour of such person. Immovable property can be legally transferred/conveyed only by way of a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908. Of course, a power of attorney can be granted by the party transferring the property (transferor) to the party to whom the property is to be transferred (transferee) for the purposes of granting authority to the transferee to execute the conveyance/sale deed in favour of the transferee, and registration of the conveyance/sale deed on behalf of the transferor. However, such a power of attorney itself would not grant any right, title or interest in the immovable property in favour of the transferee, and a conveyance/sale deed would be required to be executed, stamped and registered for this purpose. It may be noted that in some states, such a power of attorney itself will have to be stamped and registered. The above view takes support from the judgement of the Supreme Court of India pronounced in October 2011 in the matter of Suraj Lamp and Industries Pvt. Ltd vs the state of Haryana and others. In this judgement, the Supreme Court has reiterated that GPA transactions are not “transfers” or “sales” and that such transactions cannot be treated as completed transfers or conveyances; however, nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The Supreme Court has further held that GPA transactions may also be used to obtain specific performance or to defend possession under section 53A of Transfer of Property Act, 1882.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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