General Power of Attorney- Is it to be registered?


 Dear Learned friends,

     May i request your valuable opinions as to weather a deed of General power of Attorney has to be mandatorily  registered in view of the provisions of the Indian Registration Act relating to presentation of sale proceeds to the registering authories.

 
Reply   
 
Advocate

REGISTRATION OF POWER-OF-ATTORNEY * Registration of power of attorney is not compulsory. it is optional * In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution). * In other areas, attestation should be by a Notary or diplomatic agents * In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing (signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the power specifically excludes such powers * Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months * Registration of power of attorney authenticates the deed of power of attorney * Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind * If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered.
 
Reply   
 


Advocate

REGISTRATION OF POWER-OF-ATTORNEY

* Registration of power of attorney is not compulsory. it is optional
* In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).
* In other areas, attestation should be by a Notary or diplomatic agents
* In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing (signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the power specifically excludes such powers
* Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months
* Registration of power of attorney authenticates the deed of power of attorney
* Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind
* If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered.
 
Reply   
 
Advocate

If the Power of Attorney relates t sale of property it needs to be registred. For any other purposes regitration is not mandatory.
 
Reply   
 

When the GPA is given for attending to court cases/govt authorities, it need not to be registered. When it pertains to purchase/sale of assets, it need to be registered under Indian Registration Act.

Total likes : 1 times

 
Reply   
 
Advocate

Thanks dear Veenzar for the registration information.
 
Reply   
 
Lawyer

Registration of Deed of Power of Attorney is optional. However if it relates to sale of Immovable property and authority to receive sale consideration, it must be registered. It will also require to pay the same Stamp Duty which is payable on Sale Deed of the said property.
 
Reply   
 
lawyer

yes, it is statutorily required to be registered with photographs of donor and donee both if it is in gujarat under the latest amendments it has been made compulsory now with respect to transfer of property
 
Reply   
 
importer

Is there any notification, thatForeign power of attorney requires photographs, could you please highlight details or email us on impexsoution@vsnl.net
 
Reply   
 

In Tamil Nadu the stamp duty for registration of power of attorney is nominal its only Rs. 100.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu