Registration of power of attorney from mumbai to slae land at madhaya pradesh
Sheikh Mohammed Shoaib Latif
(Querist) 10 February 2017
This query is : Resolved
Dear Sir/Madam,
My ancestral property is at Madhya Pradesh and we reside at Mumbai. The property was on the name of our great grand parents, which will be transferred in the name of my father, Uncle and Aunty. All are senior citizen and have together decided to sell the property and equally take the sharing on sale.
My father is the eldest of them and senior citizen have to be present in the front of Registrar district Magistrate (ADM) .To transfer on his name and also sign power of Attorney to sale his part along with his brother and sister..
Unfortunately my father is not is position to travel such long distance from Mumbai to Madhya Pradesh all the way.
He is suffering from NPH-Normal Pressure Hydrocephalus and Asthama. Both have made him unable to stand or walk . he is running 85 yrs.
Please do let me know is it possible to have power of Attorney registered in mumbai and valid at Madhya Pradesh if done in court i front of Mumbai magistrate.
ELSE
is online registration possible from mumbai for madhay pradesh property.
Please guide and help
Adv. Yogen Kakade
(Expert) 10 February 2017
Sir,
Your father can execute a power of attorney at the office of the Sub-registrar and not at the magistrate court.
Sheikh Mohammed Shoaib Latif
(Querist) 10 February 2017
Dear Sir,
Is it possible to do this at Mumbai sub-registrar office. if done will this be valid at Madhya Pradesh registrar office.
Regards,
Shoaib
kavksatyanarayana
(Expert) 10 February 2017
Yes. if the POA is registered in Registrar office.
ABDUL RAZIQUE
(Expert) 11 February 2017
Dear Author you asked two question one is transfer of property and second one constitute a power of attorney regarding sale.
Your father faith is Muslim so as per Mohammedan law your father is the legal heir in that immovable property of his share. First you meet any expert to find out share of your father then proceed to execute a power of Attorney for sale.
Your father may execute at the following address.
Joint Sub-registrar of Assurance,
Mumbai City -1 (Tel: 2263 4001)
[Office Time: 10.00 am to 6.00 pm]
Ground Floor, Old Custom House,
Shahid Bhagat Singh Road,
Fort, Mumbai 400023.
Mumbai City - 2
[Office Time : 10.00 am to 6.00 pm]
Mumbai City - 3
[Office Time: 10.00 am to 6.00 pm]
Mumbai City - 4 (Tel: 2422 1018)
[Office Time: 7.00 am to 2.00 pm]
Mumbai City - 5 (Tel: 2422 1019)
[Office Time: 2.00 pm to 9.00 pm]
1st Floor, Worli Telephone
Exchange, Hatiskar Marg, Worli,
Mumbai 400025.
These offices have following jurisdiction respectively.
Division of Mumbai City District.
Bhuleshwar,
Byculla,
Colaba,
Dadar-Naigaum,
Dharavi,
Fort,
Girgaum,
Lower Parel,
Mahim,
Malabar Hill & Khambala Hill,
Mandvi,
Matunga,
Mazgaon,
Parel-Sewri, Princess Dock,
Salt Pan,
Sion,
Tardeo
Worli.
Sheikh Mohammed Shoaib Latif
(Querist) 13 February 2017
sir,
The property is at Madhya Pradesh Will i be charged 5% tax on asset and what is the procedure further to do should i bring valuation of property from Madhya Pradesh.
What all will be required please help .
As if Maharastra registrar taxed heavily then its very difficult for going through this procedure as many of the lawyers say that total valuation of property at madhaya Pradesh will be charged 5%.
Sheikh Mohammed Shoaib Latif
(Querist) 13 February 2017
Dear sir/Madam,
The property is at Madhya Pradesh Will i be charged 5% tax on asset and what is the procedure further to do should i bring valuation of property from Madhya Pradesh.
What all will be required please help .
As if Maharastra registrar taxed heavily then its very difficult for going through this procedure as many of the lawyers say that total valuation of property at madhaya Pradesh will be charged 5%.
Rajendra K Goyal
(Expert) 14 February 2017
In some states General POA does not attract stamp as per value of the property.
If 5% stamp on the value of the property need to be paid, it would be better your father visit the place to sell the property.
M V Gupta
(Expert) 15 March 2017
Under Article 48 (f) (ii) of the Maharashtra Stamp Act, the power of attorney in ur case will attract Rs. 500/- stamp duty only as it is given by your father to u (or any other relative) to sell the property. The question of advelorem stamp duty based on the value of the property will arise only if the POA is given to a person who has entered into an agreement for sale and the consideration for sale has been paid to the party giving the POA. (vide Article 48 (f) (i)
M V Gupta
(Expert) 03 April 2017
The POA given to u by your father will attract Stamp duty of Rs. 500/- as explained in my earlier posting.
