Power of attorney ...

Querist : Anonymous (Querist) 26 December 2010 This query is : Resolved
My father cant write due to some illness ..
He is giving me Power of Attorney due act on his behalf like in banks and income tax etc.
If he gives me powers to rent out his property and to sell or mortgage his property whose proceeds should be deposited in his bank accounts...
Will such a Power of Attorney be needing stamp duty as it relates to properties or if his proceeds are to be deposited in his banks it wont need stamp duty as on properties..
Thanks ...

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Devajyoti Barman (Expert) 26 December 2010
If your father wants to authorise the attorney to sell his property as well then the POA is compulsorily registrable.

R.Ramachandran (Expert) 26 December 2010
The power of attorney contemplated by your father (authorising you to operate his bank account, income tax returns, renting / sale of immovable property etc.) does not create any right in the immovable property in your favour. On the contrary, such a power of attorney is only enabling you to do the acts specified therein. Therefore, the said Power of Attorney is not compulsorily registrable. If you wish, you can get it registered. But the Registration Act, 1908 does not require compulsory registration.

Querist : Anonymous (Querist) 26 December 2010
My father has 3 properties ...
Yes he is not giving me any rights but just giving me rights to sign on his behalf and to deposit the sale proceeds in his account...
can he give POA to sell those properties as he cant sign now.. will stamp duty payable on this POA...

Thanks...

Devajyoti Barman (Expert) 26 December 2010
yes this POA is required to be registered. The stamp duty would not be much. In Bengal it is only Rs 50/-.

SAANJAAY GUPTAA (Expert) 27 December 2010
totally agree with Mr.Barman

N.K.Assumi (Expert) 27 December 2010
The issue is goverened by the case of Syed Abdul Khader vs Ram Reddy case as reported in AIR 1979 SC 536: regarding General Power of Attorney appointing a person as duly authorised agent

s.subramanian (Expert) 27 December 2010
I support the view of Mr.Barman. When you are conferred the power to alienate and encumber the property,the Deed of power has to be registered compulsorily. Otherwise,you cannot exercise your powers in a lawful and valid manner.A sale deed executed by an agent under unregistered power of attorney is not valid and registrable.

Querist : Anonymous (Querist) 27 December 2010
Thanks...
Even if it is registrable what should be the stamp duty paid ...
Will the stamp duty paid be same for sale of a property or Rs. 50/-...

Gulshan Tanwar (Expert) 27 December 2010
In Delhi it is Rs 100 for Special Power of Attorney and Rs.500 for General Power of Attorney.

Querist : Anonymous (Querist) 27 December 2010
That's right...
But what should be the stamp duty of a power of attorney given to his son by a father who cant write and gives the power to sell his properties ...

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