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Discussion > Legal Documents > Registration & Stamp Duty > POWER OF ATTORNEY-ADJUDICATION   Unanswered Threads Post New Topic

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There are 10 Replies to this message


A. KANNAPPAN


SENIOR CITIZEN
[ Scorecard : 24]
Posted On 05 February 2010 at 00:22 Report Abuse

Myself (aged 75 yrs) and my son (aged 49 yrs) live in Sweden.  I am an OCI (Overseas Citizen of India) and my son is an Indian citizen.  An apartment in a multi-storied building in Bangalore, Karnataka, has been purchased on installment basis by my son and now it is ready for take-over. The final installment and the charges for water and electricity and other services have to be paid and the purchase has to be formally registered. I came to India to complete the formalities of taking over the apartment, bringing with me a notarized GPA executed by my son in my favour on 7th Feb. 2007. 

Now I am advised to get an adjudication on the GPA in order to execute the registration.  I get different opinions on the issue. Some say that I should get a fresh PA specifically intended for purchasing the property and for executing the registration, and such a document should be adjudicated.  A web article by Ms. Vatasla S. D. does not mention the need of adjudication or the need of registration of PA for acts other than ssle of property. I would very much appreciate to receive some clarification on this aspect of the problem.

1. Should a PA specifically intended for purchasing a property be adjudicated? 

2. Should my son execute a new PA in my favour or in favour his close relative, such as his brother-in-law who is a citizen and resident of India?

3. Should the PA be attested by the Indian Embassy in Sweden or is it sufficient to have it notarized in Sweden. Attestation by the Embassy is time-consuming and involves a trip to Stockholm from Gothnburg, a distance of some 500 kms.  We would prefer notarization in Gothenburg.



SURESHKUMAR.S


ADVOCATE
[ Scorecard : 157]
Posted On 05 February 2010 at 13:42 Report Abuse

Mr.Kannappan,

It seems that you are having a POA, in favour of you, executed by your son. Ensure first, in order to purchase a property, different state governments have issued amendments in Registration Act, and as per the stipulations, the purchaser also must present. In case, if you are represented by your son, who is at abroad, the Power agent must have the valid POA, in the sense, that the POA must have the clause ,authorising the agent to purchase the property and for registration compliances in the Principal( your son's) name. And since, your son is at abroad, it must definitely  be attested by Indian embassy. Otherwise, the POA is invalid and the registration authority may or even shall deny  you to allow for registration compliances.


nishad


Asst.Manager Legal
[ Scorecard : 287]
Posted On 05 February 2010 at 23:00 Report Abuse

1.Since you will be presenting conveyance deed for registration at SRO as the power agent,  the same needs to be invariably registered.

2.POA should be certainly attested by Indian embassy


N RAMESH.


Advocate, Chennai., Formerly Civil Judge., Mobile.09444261613
[ Scorecard : 1801]
Posted On 06 February 2010 at 01:01 Report Abuse

//1. Should a PA specifically intended for purchasing a property be adjudicated?  //

Any Power of Attorney executed abroad has to be necessarily authenticated/ adjudicated  before concerned SRO in India.

//2. Should my son execute a new PA in my favour or in favour his close relative, such as his brother-in-law who is a citizen and resident of India?//

In case of purchase of immovable property, the purchaser/principal has to be resident indian. In case, purchaser is NRI, then certaun rules are prescribed by RBI to be complied with. In your case, you are only agent and the purchaser is your son who is indian citizen. There is no such restriction on an OCI being an agent. Therefore no new power is required.

//3. Should the PA be attested by the Indian Embassy in Sweden or is it sufficient to have it notarized in Sweden. Attestation by the Embassy is time-consuming and involves a trip to Stockholm from Gothnburg, a distance of some 500 kms.  We would prefer notarization in Gothenburg.//

Law prescribes either attestation by embassy or notarisation. Both has equal value. Attestation by embassy is not madatory. Only  an alternative. Notarisation will serve the purpose as per section 85 of Indian Evidence Act.

 

 



Pavithra


Member Accounts
[ Scorecard : 22]
Posted On 09 March 2010 at 23:50 Report Abuse

Hi

 

Can you please outline the steps for getting a POA adjudicated at a sub-registrar's office in Bangalore. I have a POA attested by the Indian embassy in San francisco which needs to be adjudicated in Bangalore. The property is located in Sarjapur road.

1)SHould it be adjudicated in Sarjapur sub-registrar's office?

2)WHat documents should i carry for the adjudication?

3)What is the typical cost for adjudication?

4)Will the process be completed on the same day?


Vinay Paul TK


Advocate
[ Scorecard : 24]
Posted On 17 February 2011 at 14:36 Report Abuse

Sub-registrar's in Karnataka are not empowered to adjudicate Power of Attorney's. The power for adjudication is vested with the jurisdictional District Registrar.

If power to sell is given, the District Registrar will charge 6% of the Vale stipulated in the POA or Guidance value whichever is higher. If the POA is executed within Family members as stipulated in the Stamp Act, then the Stamp Duty is Rs.100/-

if executed between family members, you have to carry proof regarding the same.

In normal cases it is completed in a single day.


Ramprasad B


Member
[ Scorecard : 22]
Posted On 26 May 2011 at 19:07 Report Abuse

Dear Vinay,

Request your help/advise on the below scneario.

For a property I inteneded to Purchase, the owner was in USA and he provided the POA to his Father in law (FIL).

FIL further adjudicated the POA by paying 6% stamp duty to the district registarar on 31st March 2011 with the understanding that the stamp duty paid (6%) will be deducted/reduced when we do the sale deed registration.

We now went to register the propoerty from the POA holder (FIL) to my name. To our surprise, we came to know that the 6% stamp duty paid earlier for adjudication is no longer valid and cannot be refunded as there was some chnages in rules starting 1st April 2011. The sub registrar asked us to pay the entire 6.72% again and mentioned that the earlier paid 6% cannot be deducted or refunded.

I am appauled by this as we had paid the stamp duty for adjudication on 31st March and they say that this new chnages in rule are effective 1st April. Logically I beleive our stamp duty of 6% should be honoured either by deduction or through refund.

How do you see this unfolding and request your expert advise.

Thanks a lot.


Adv Akhtar Ali Sheikh adv.aali


Property Law Consultant
[ Scorecard : 320]
Posted On 28 May 2011 at 18:46 Report Abuse

Dear Mr. Ramprasad B,

Though  I am not aware of the situation in Karnataka, I presume it will be similar to one which is prevailing in Mumbai Maharashtra.

In Mumbai you would have to resubmit the Power of Attorney duly stamped with the Agreement i.e. your sale Deed, to the Adjudication Office (i.e here Collector of Stamps) both will be scrutinized and if it can be ascertained that the details mentioned in the POA correlate exactly with the ones incorporated in the sale deed, the agreement will be stamped with 100/- stamp duty by the Collector of STamps, and then the POA and the Sale deed can be registred by the registrar.


Manish


Seeker
[ Scorecard : 22]
Posted On 09 April 2012 at 23:44 Report Abuse

hi Akhtar,

I need to register sale deed. My brother is in USA and he wants to register PoA in my name to execute Sale Deed.
I found that if PoA needs to signed and notarized in USA, then Attested by Indian Consulate in USA. Once here, it needs to be Stamped-Franked and then Adjudicated in Mumbai. This will then be Registered PoA which can be used to do Sale Deed registration.

Adjudication process may take 4-6 weeks but that is too long to do that.

1. Is this a correct process?

2. Is there any faster way to accomplish this?

Any help will be appreciated.

Thanks.

Manish


Cawas


Owner
[ Scorecard : 28]
Posted On 20 April 2012 at 14:11 Report Abuse

 

Dear Members

I wanted to sell my flat in Mumbai. I approached my sister and got a Special Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujarat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer and can the buyers with whom no agreement could go thru take an objection to thia.

 

Warm Regards




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