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Parin Gangar (NIL)     12 April 2014

Power of attorney for registration of property in gujarat

Dear all,


I am a resident of Thane city, State of Maharashtra and wish to register a property in the city of Ahmedabad, State of Gujarat. However I would be out of India when the registration date arrives and hence wish to execute a Special Power of Attorney for the registration of property in Gujarat in favor of my brother-in-law (wife's sister's husband who is not a blood relative).


Following are my queries -

1) Do I need to pay a stamp duty of 5% of the valuation of the property during the registration of PoA at Thane (my city of residence) in the state of Maharashtra ?

2) If I do have to pay the stamp duty, then will I also have to pay stamp duty respectively during the registration of the property in the state of Gujarat ?

3) If I have to pay stamp duty twice, then can I choose the option of moving out of India (to USA) and get the Power of Attorney drafted on plain paper and notarize the same in the Consulate of India and then send it to India for the registration and stamp duty payment (only once now) in Gujarat ?

Thanks in advance,

Warm Regards,

Parin Gangar



Learning

 2 Replies

HIRAL THAKKAR (ADVOCATE )     12 April 2014

the third option will be viable, but in that case notarization will be required in India too.

 

 

Regards

BVVSN MURTHY PATNAIK (Sr.Executive)     23 April 2014

You are also advised to see the compliance of Section 18 of Indian Stamp Act, 1899. Section 18 deals with the Instrument other then bills and notes executed out of India.The instrument is to be stamped with in three months after it has bee first received in India.

Murthy Patnaik

AGM-L, HUDCO,Raipur


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