• Power of Attorney from wife to husband

We (myself & my wife) booked an apartment in Bangalore and in next few weeks, we would be completing the formalities to register it.

Unfortunately, she cannot join me during registration process so we are planning to Power Of Attroney from her to me so that I alone along with her PoA can complete registration formalities.

I would like to what is the process of doing the same? Is it possible for her to complete the PoA formalities from Madhya Pradesh itself ? What should be price on stamp duty paper? Also, do I need to sign PoA as well ? I am the beneficiary here.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

Your wife can execute specific power attorney in your favour

2) stamp duty on POA varies

3) in Maharashtra it is Rs 500

4) POA should be registered in MP as your wife is residing in MP

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

She has to execute a General Power of Attorney (GPA) in your favour to authorize you to be present at the time of execution of the sale deed in the office of sub-registrar to execute the sale for and on her behalf. The GPA can be executed in a different state but it has to be registered. The stamp duty can be told only by a local lawyer as it is different in every Indian state.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes, she can from her present city of residence can execute a POA.

However the same must be registered giving you authority to deal with he proeprty including transfer on her behalf and hence on this basis you can execute the sale deed.

The POA does not require much stamp duty . In many states like in WB it is Rs.50/- only.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

It has to be registered one.

O the basis of notarised POA you can represent your wife in sale deed.

Stamp duty differs. Contact a local lawyer.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1) POA should be registered

2)franking of POA is permissible

3) local lawyer can guide you as to stamp duty in karnataka on POA

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

registration is must for of power of attorney, as under Section 17 of the Indian Registration Act, 1908 it is required that all non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immoveable property, must be registered for ensuring its legal validity.

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

If your wife is currently residing in M.P, then she can complete the formalities of executing a POA there itself.

Since this POA is limited for registration of only one transaction, she can execute a Special Power of Attorney in your favour for this purpose. The stamp duty in Karnataka is Rs.200/-.

She can execute it at MP you need not be present at the time of registration or Notarization.

A POA given by the wife in favour of her husband need not be registered.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

The POA has to be mandatorily registered. Stamp duty in Karnataka can be told only by a state based lawyer

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your wife is required to execute and register a POA in your favout at the registration office having jurisdiction of the property you are proposing to buy.

2. There will be minimum amount of stamp duty required for registration of POA.

3. You will be required to sign the said POA at the time of its registration.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You are required to register the said POA suggested in my earlier post with minimum stamp duty.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

I would like to what is the process of doing the same? Is it possible for her to complete the PoA formalities from Madhya Pradesh itself ? What should be price on stamp duty paper? Also, do I need to sign PoA as well ? I am the beneficiary here.

She can execute a special power of attorney in your favor to complete this task on her behalf and this POA deed has to be registered before the concerned registrar for making it a valid document enabling the power agent to sing and act on her behalf.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Thanks do I need to register the PoA or notarized the PoA ? also what about franking the poa ? also what is stamp duty in Karnataka right now ?

The POA deed should be registered with the registrar within whose jurisdiction the property falls.

The stamp duty is a local issue which can be clarified with the local registrar's office.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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