HI
the question arises in my mind from last property boom in the country. that lots of frauad taken in property market. specially due to power of attorney disputes.
now how can anybody make the person is genuine seller or not when specailly a powerof attoney is notorized where integrity of people and notary public is question sometime??
so in india some states were power of attorney regestration is compulsury wher some were not .
in this conditation the govt. of india or each state govt. through legislature pass an law that any kind of power of attorny need to be regestered compulsary . where you can catagorize the issue as per law and stamp duty can be leived according to work and task where what type of power given through instrument and soem flat rates of stamp duty is to be leived which is not to high or to low but it should be very very reasonable and afordable by common people and give better right to genuine buyer and seller. and create market credibility .
i say
1. general power of attorney for power to sell and transfer the property . wher we can recomended stamp duty .25% of property maket value for each property mentioned. where more then one properties is mentioned it is upto .50% of market value of mentioned property in the instrument. plus 250/- regestration fees.
2. without power to alieneate just to manage and adminster the property soem of rs. 1000/- stamp duty and minimum regestration fee rs. 250/-
3. special power of attorney for certain task with out power to transfer and allienation of property stamp duty levied 1000/- stamp duty plus 250/- regestration fees
4. for court cases and other special and single reason task it may be 1000/- stamp duty plus rs. 250 regestration fees.
so you can put required categoreis accordingly and make it simplefy and hassel free straight duties permitted by time and legislature work accordingly by each state and some common platform and draft come on this basis by the states and it makes govt. to get benifited by stamp duty and avoid crimes and judiciary can be free from less cases.
so this idea should be implimented as soon as possible and i hope our politician, judicery and lawyer friends and common people , intellactuals, print and eleoctronic media can go with this issue and serve the nation accordingly.
best of luck
ketan dodhia
advocate
gujarat high court
