Notary of poa

vinayak (Querist) 05 February 2012 This query is : Resolved
Respected all,

I want to rent out flat in name of my mother...police verificaion to let out flat is must....as my mother is not capable to appear before police, police ask me to provide POA.

Now my question is that For notary purpose does my mother need to appear before notary officer? as she is not able what is other option ?

Can i draft POA myself and notarised it or it require lawyer involvement?

Pls provide your valuable advice and oblige.

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Deepak Nair (Expert) 05 February 2012
Your mother is required to be present before the notary.
In your case, as your mother is unable to be present before notary, you can request the notary to visit your place. Tha notry may charge visiting charges apart from the regular notary charges.

vinayak (Querist) 05 February 2012
Thanks sir,

Please guide me ...Is it necessary document should be executed on Rs. 100 stamp paper or it can be on plain paper for notary purpose ?

adv. rajeev ( rajoo ) (Expert) 05 February 2012
It is to be executed on the RS. 100 stamp paper. It is better to register instead of notary.

V R SHROFF (Expert) 05 February 2012
THE POA has to be signed by your mother before Notary & he will sign it, specifying , "BEFORE ME"

Notary will visit your mother, in case your mother cannot visit notary, on payment of his charges.
Rs. 100/- stamp paper , be purchased on your mother'sname.

prabhakar singh (Expert) 05 February 2012
REGISTRATION WOULD BE BETTER WAY TO GO AS IN UP ALL AGREEMENTS RELATING TO IMMOVABLE PROPERTY REQUIRES REGISTRATION.
IN WHICH STATE YOU ARE LOCATED?

Devajyoti Barman (Expert) 05 February 2012
Yes.
However presence before the Notary is not necessary.

Kirti Kar Tripathi (Expert) 05 February 2012
yes registration is always better then notarial document.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 February 2012
Registration is essential under registration act.

Adv. Sunil (Expert) 06 February 2012
Dear Vinayak,
POA is required to be on a Rs. 500/- stamp paper.
POA is not required to be registered, unless Power to sale is given therein.

Notarizing a POA is not a big issue, any Tom-Dick-Harry can visit Notary and get the same done as there will jst Attestation the document.

If u require a BEFORE ME stamped notaried POA, you may asked to shell-out more amt.

@ Prabhakar Singh ji: It is a POA and not an Agreement which will Essentially be requiired to be registered. POA are mostly notorised only.

Deepak Nair (Expert) 07 February 2012
Teh stamp duty payable for POA with respect to immovable property is Rs.500/- if the attorney is within family.

Shailesh Kr. Shah (Expert) 07 February 2012
Now my question is that For notary purpose does my mother need to appear before notary officer? as she is not able what is other option ?

Answer: Make request to notary to visit your place.

Can i draft POA myself and notarised it or it require lawyer involvement?
Answer: It would be better to engage lawyer in your own interest.