Pankaj (XYZ) 19 April 2014

Power of attorney for purchase of property in mumbai

Hi,

I have recently booked flat in Mumbai and wanted to complete registration process. However I work in Delhi and my parents stay in mumbai.

I would like to provide power of attorney (POA) to my parents for completing the registration process. Builder told me that I can do it on 500Rs stamp paper. They also told me that POA needs to be registered in registrar office in my presence.

1. 1. Do I have to go to registrar office in Mumbai to register my POA? If yes, then what is the use of POA?

2. 2. Is it possible for me to create POA in Delhi in my father’s name and post if to them? Will that be sufficient?

3. 3. What is other possible ways where I can complete the process without travelling?

4. What are charges in creating POA and registering it? DO I have to pay additional stamp duty?

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 19 April 2014

you can execute a Power of Attorney giving authorisation to your one of the parents at DELHI on Non-judicial paper worth Rs.50/- and it should be registered in Registrar Office at Delhi. After receipt of the power by your parents, it should be got validated by the Registrar at Mumbai. they your parents can do the things on behalf of you. this is for information. if any 9490929460

cyberlawyer (barrister) 19 April 2014

The POA can be registered only at the office of sub registrar within whose jurisdiction the flat is proposed to be purchased is located. Since it is just a one time process you can go to Mumbai and complete the registration process directly. As you said POA in this case will not be useful.

It is only when it comes to the management of a property, for court cases, receiving rents etc , etc it is useful.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 08 May 2014

1. POA Act, is a Central Act (which means it is not State specific). This also means that POA (for any purposes) can be executed anywhere in India, before ANY Registrar of Sub-Assurances AND can be used ANYWHERE in India.

2. However the Stamp Duty payable on such POA is State Specific, which means that the stamp duty shall be payable as per that State's requirement, for the work specific to that State.

3. All POA for immovable properties in Maharahstra, shall be executed on a Rs. 500/- Stamp paper (purchased in any State) and executed before ANY Registrar of Sub-Assurances of any State and MAY be used ANYWHERE in India.

4. Non Registered POA is null & void, for the purposes of immovable properties in Maharahstra. POA can be made favoring anybody (which includes the local paan-wala, a beggar or a politician)

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar