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Power of attorney

(Querist) 26 March 2013 This query is : Resolved 
70 years old mother would like to appoint his son as attorney for her house in Chawl.

Kindly advise if the same is to be on Rs. 100 Stamp paper or on Rs. 500. Also what main reason should be mentioned in the irrecovable power of attorney. My advocate saying we need to mentioned due to old age mother is not in postion to maintain the affairs of that room.

Also advise how much cost for registred notary.
Advocate Ravinder (Expert) 26 March 2013

If the power of attorney contains sale powers, in Hyderabad, you have to pay 1% stamp duty on the value of the immovable property and it should be registered before the local sub registrar. This percentage of stamp duty differ from state to state.

Sometimes the power of attorney will be executed for limited purpose only (no sale powers) i.e. to contest the case, to register a particular house in favour of third person, to represent before the local bodies, governmental organisations, municipal authorities etc. For that only Rs. 100/- non judicial stamp paper is enough apart from registration charges and miscellaneous expenses which will be around Rs.1000/-. Yes you can mention that due to old age, your mother is not in a position to maintain the affairs etc, but that is not compulsory.
krutika (Querist) 26 March 2013
sit this property is in chawl, in mumbai not in hydrabad. Kindly advise
Devajyoti Barman (Expert) 26 March 2013
Stamp duty differs from state to state. In WB it need to be types on rs 50/- stamp paper.
Contact local lawyer.
ajay sethi (Expert) 26 March 2013
Rs 500 stamp paper . if you want to authroise son to sell the room in chawl POA has to be regd
Raj Kumar Makkad (Expert) 26 March 2013
Well advised by experts.
V R SHROFF (Expert) 26 March 2013
It seems to be rental premises, and tenant cannot sell it.

For Gen POA Rs. 100/- stamp will do.
Reason mentioned by your Advocate is true & correct. [old age, cannot do herself]

Remember : POA is valid only till she is alive,. It dies with executor.

usually notary charges app 100-150/-.. though illegal.


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