Impact of power of attorney
Ajay
(Querist) 09 January 2013
This query is : Resolved
we have purchase a land with power of attorney by paying full payment by cheque to the farmer and taken possesion letter,acceptance and agreement duly notarised and declaration also.We have sold this land to a company in which we are director by using power of attorney,in the mean farmer has issued notice to cancell power of attorney before registration and we have rejected and replied him.land revenue Collector has order to take difference of stamp duty and than document will be released.
WHETHER ABOVE TRANSACTION IS LEGAL AND VALID OR NOT?
Raj Kumar Makkad
(Expert) 09 January 2013
What is this difference of stamp duty?
If the farmer has cancelled the GPA favouring you, no document can be got registered by registrar/revenue collector, however, you shall have to file a civil suit against the owner of the land seeking specific performance.
Ajay
(Querist) 09 January 2013
we have already paid stamp duty at aplicable rate of 5% but due to power of attorney,revenue collector ask to deposit extra 5%.further land is already registered but due to objection filed by land land,document has not been released by registrar
Raj Kumar Makkad
(Expert) 09 January 2013
If document means sale-deed has already been got registered by using GPA when it was valid then there is no need to pay any additional stamp duty charges as those are not charges rather a bribe in cash which is no warranted in the given case.
A querist should post entire relevant facts in his initial query as we are not astrologer to anticipate everything at our own.
