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Regarding poa for registration of new property/flat

(Querist) 07 March 2020 This query is : Resolved 
Hello All Expert,
Can u give me idea how to make POA for registration of new property/flat in the name of my father.
As i am gulf expat and willingly to buy a property in Thane.
Can u described me procedure and all the fees.
As currently i am in Saudi Arabia, & i already booked the property in Thane.
i want assigned POA in the name of my father.
SHIRISH PAWAR, 7738990900 (Expert) 07 March 2020
Dear querist,

You can execute power of attorney before Indian consulate officer. This power of attorney shall be used for registration for flat purchase document before sub-registrar.

Regards,
Akshay (Expert) 07 March 2020
Hi
Thank you for your question

Type Of Documents
a..POA, when executed solely for the purpose of procuring the registration of one or more documents in relation to a single transaction,(Stamp duty -100/-)
b..POA executed for suits or proceedings under the Presidency Small Cause Courts Act, 1882,( Stamp duty 100/-)
c.When authorising one person or more to act on a single transaction / authorising a single person for more than one transaction.( Stamp duty 100/-)
4.When POA is signed for consideration and authorising to sell an immovable property.(The same duty leviable on a conveyance of an immovable property –
1. If within the limits of the Municipal Corporation or cantonment area annexed to it – 5% of the market value of the property.
2. Within the limits of Municipal Council or Nagar Panchayat or Cantonment area annexed to it or any rural area within the limits of the Mumbai Metropolitan Region Development Authority – 4% of the market value of the property
3. Within the limits of any of the Gram Panchayat area – 3% of the market value of the property.)

d. POA for authorising to sell or transfer an immovable property. The agency when given to father, mother, brother, sister, wife, husband, daughter, grandson, granddaughter.(₹ 500/-
(irrespective of the market value of the property)

Hope this will help you

Best regards,
Akshay Gupta
Advocate M.Bhadra (Expert) 07 March 2020
To buy a new property no need to execute a POA. You can purchase in the name of your father directly from the owner.
kavksatyanarayana (Expert) 07 March 2020
Agreed with the above experts. If POA is executed in Saudi Arabia before Indian Consulate, it should be got validated by the District Registrar or Collector under I.S.Act within 3 months after receipt in India.
Raj Kumar Makkad (Expert) 07 March 2020
The process is very easy. You execute a specific power of attorney in Saudi in the name of your father for the purchase of the said property on your behalf. Get that GPA or SPA registered in nearest Indian Consulate/High Commission, send it to your father at India who shall get it registered in the nearest office of Registrar and that registered document shall be used at the time of the registration of the said sale-deed of your property to be purchased.
Raj Kumar Makkad (Expert) 07 March 2020
Even in some of the States, no GPA is required from the side of buyer as simple authorization letter is sufficient.
Dr J C Vashista (Expert) 08 March 2020
It is better to submit a General Power of Attorney executed in favour of your father and attested by Indian High Commissioner in Saudi.
Your father shall get it (PoA) attested/authenticated by area SDM for all purposes.
krishna mohan (Expert) 09 March 2020
PoA is mandatory for all property transactions with id card. hence you may get the PoA drafted by legal advisor and get it endorsed by Indian embassy as advised by experts.
Rajendra K Goyal (Expert) 16 March 2020
Fully agree with the advice from expert Raj Kumar Makkad, first confirm whether your presence for registration in your favor is mandatory in your state or not.

If Mandatory get the SPA executed before consulate and get it validated locally.
T. Kalaiselvan, Advocate (Expert) 21 March 2020
You can contact any prudent lawyer having experience in such documentation aspects, get a general POA or special POA drafted, sent to you by email, you can download the same, get it printed on a plain paper, after getting signatures of two witnesses and your own signature in the presence of a Notary public of that country or attestation by an official of Indian embassy/consulate, send the deed to your father back in Thane, he will get it adjudicated before the Revenue officer i.e., the Thasildar or the sub-registrar and can execute the documents on your behalf as per the authorisation made in the POA deed.


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