I intend getting a Irrevocable General POA from my brother.My question is:
1) Do i have to mention my blood relationship in the POA?.
2)The POA among other things includes execution of documents before the Registrar for entering into an agreement with the builder as the building was in redevelopement and my brother is physically incapacited to sign the documents like sale agreement for the allotment of new rehabilitation residential flat on completion for the purpose of staying and not selling.Can i execute such documents under the POA if stated?.The property is in Mumbai.The property is for occupation.
3) Is it neccessary to register the POA?
4) The POA will be executed on Rs 500 non judicial stamp paper.
Are the above requiremnts sufficient.
Asked 8 months ago in Property Law from Greater Mumbai, Maharashtra
I being his brother am also a nominee for the said property.Will the POA have any repercussions?
Asked 8 months ago
Will ask on receiving a suitable reply.
Asked 8 months ago
1) you can mention the blood relationship in POA
2) POA can be for execution of documents before Sub registrar for redevlopment of property by the builder
3) registration of POA would be required
4) POA is required to be duly stamped
1) merely because you are nominee of your brother would not have any repercussions
A power of attorney is an authority given by one person to another, authorising him to act on his behalf. According to the Power of Attorney Act 1882, power of attorney 'includes any instrument empowering a specified person to act for and in the name of the person executing it'. So you can act on behalf of your brother .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.A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property. Registration of power of attorney is optional In India before 2009.But after the Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another. The nature, scope and execution is redefined.Compulsory registration is effected from December 2012 on wards.
The mention of relationship is also important. Where exactly mention as you are the nominee ?
1. Yes, failing it the POA will not be registered.
2. You can exercise the authority conferred on you by the GPA.
4. The stamp duty requirement can be disclosed only by a local lawyer as it is not uniform throughout India.
Nomination in your favour, per se, does not permit you to exercise the authority that you intend to get through GPA.