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Genera Power of attorney

(Querist) 15 April 2009 This query is : Resolved 
One of my client has ancestral property in Manmad of Maharastra State . There are 10 share holders , living in defferent parts of india, and one is residing in AP , all other share holders are intending to execute and Register the GPA in favour of one share holder residing in AP with Stamp duty of Rs;- 1000/-
1 Whether the same is valid and can be accepted by SRO in Maharastra - for registration of Deeds .

or
2-The deficit stamp duty as applicable in Maharastra state to be paid in Maharastra state -
or-
3- the GPA should be registered in Maharsatra state with applicable Stamp Duty -

4-what is the Stamp duty applicable in Maharastra state for GPA by share holders in favour of another share holder -

I requst any advocate from Nasic District to respond and help my client in this regard !

Thanks in advance !
ESTHERPRIYA (Expert) 15 April 2009
GPA can be executed from any parts of the world to an agent to perform an act. But as far your query is concerned, the property is situated in the state of Maharashtra and to avoid any complications, it is better to execute the GPA in Maharashtra and register it. AP does not have any role to pay. To accept GPA for registration of Deeds, your GPA should consist of such clause.
Y V Vishweshwar Rao (Querist) 15 April 2009

What is the Stamp Duty in State of Maharastra for GPA executed by Joint Propertry Share Holders in favour of another Share holders
A V Vishal (Expert) 15 April 2009
Dear Rao:

I think you can execute the POA in AP since the case is covered u/s. 32 which reads as under:

Power-of-attorney recognisable for purposes of section 32

(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-

(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government:

Provided that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;

(ii) persons who are in jail under civil or criminal process; and

(iii) persons exempt by law from personal appearance in court.

Explanation:- (1) In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897(X of 1897).

(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or court aforesaid.


(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.


(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or court herein-before mentioned in that behalf.

In view of the same, your client can register the POA in AP even though the property is situated in Maharastra.
Y V Vishweshwar Rao (Querist) 15 April 2009
Thanks Mr Vishal !My clinet will execute and Register the GPA in Ap and requst & insist the SRO in Maharastra to accept the same .
Y V Vishweshwar Rao (Querist) 16 April 2009
Friends !

I came to know that the Stamp duty is Rs;-500-00 for GPA executed by Family member infavour of another family member

it is correct or not please reply
Y V Vishweshwar Rao (Querist) 14 July 2009
Thanks to LCI and all the learned members !


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