• Sale of property by GPA in Karnataka

I am an NRI. I own property in Karnataka. I have given POA to my father in 2012. I want to sell this property
I understand GPA given to father by son need not be registered for sale of property in Karnataka.
The GPA is written on Rs 200 stamp paper and Notariized

Is it correct? can I use the unregistered POA for sale
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
as far as Karnataka is concerned only local lawyer can guide you as to when registration was made mandatory in Karnataka for POA for sale of property 

2) POA for sale of property needs to be regsitered 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

3) Unregistered Power of Attorney for sale of immovable property shall not be capable of being put into use and shall not affect any immovable property comprised therein. It shall not be received in evidence of any transaction affecting such property.
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

as per information avilable on govt of karntaka website 

in karantaka it is not necessary to regsiter POA executed by father in favour of son . for sale of property 

Q 44
Is it compulsory to register power of attorney attested in India by Magistrate or notary?
They need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticcated by a Sub Registrar.

Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

Dear Querist
The Power of Attorney Holder may sell or purchase the property on behalf of the executent.
The power of Attorney is not invalid if it is not registered but if it is not registered then there is a chance of fraud and cheating.

You can use unregistered POA for the sell if the purchaser has no objection on that.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

Well, without registered POA no proeprty can be transferred. The relationship between the parties is of little consideration.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1. Even my answer will sound Terrible when I say that only a Karnataka based lawyer can answer if an unregistered GPA is valid or not as an instrument of transfer of property in Karnataka. You must understand that there are 29 states and 7 union territories in India. The lawyers practising in one state would not know the local laws prevailing in another.

2. Suffice it to say though, a property cannot be sold on the basis of an unregistered GPA in most states. There may though be state(s) which may have allowed the sale deed to be executed on the basis of an unregistered GPA. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

A. Your statement is correct, Power Of Attorney need not be registered if it was executed within the family members.

B. The payment of stamp duty i.e, Rs.200/- is sufficient and it could be used for any purpose which means Sale, Mortgage, Gift, Exchange etc.,

C. Don't get confusion with respect to the same, you can use this POA for sale. 
B.T. Ravi
Advocate, Bangalore
835 Answers
57 Consultations

5.0 on 5.0

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