Shweta (Lawyer) 16 April 2009

Stamp Duty

My Client who is an old lady wants to sell her late husbands property the proceeds of which will go to her personal account. Being old she cannot travel and hence wants to give P.O.A. to her son. Can some one tel me on how much Rs. Stamp paper the P.O.A. should be typed and will it attract any stamp duty/registration charges. If yes then how much? The old lady along with her son stay in Bombay but the property is from gujrat.

Thanks & Regards

Adv. Shweta Prabhu

Reply Follow

4 Replies

Y V Vishweshwar Rao (Advocate ) 16 April 2009

The Old lady can execute the sale Deed and sign the sale and authorise her son under a specail power to submit/present the executed sale deed before the SRO in Gujarath and to admit the execution of the sale deed beofre the SRO .

The Special Power, to admit the Sale Deed befoe the SRO , to be attested by SRO in Mubai where the Old lady is resing - and the said attested spl power and executed Sale Deed be presented by her son before the SRO in Gujarath for registration .

with regards !

Shweta (Lawyer) 16 April 2009

Thanks for the reply. But want to know how much stamp duty / registration scharges will be levied.

Regards

Shweta

Badal Dayal Advocate (Advocate) 16 April 2009

Special Power of Attorney is to be made in favour of person (to act as authorised representative) on Rs.50 stamp paper . It is not a mandatoriy registrable document but it will be better if you register SPA just because most of Registering department entertain only registered SPA.

V.S.R.Deekshitulu (B.Sc, B.L) 13 May 2009

Swetha

If the old lady wants to give a POA to her son, for selling theproperty, then the same is liable for stamp duty and registration since it deals with authorisation to deal with immovable property. In A.P. the stamp duty is payable at a maximum of Rs. 1000/- (in case the Power was given to the familymember) and the usual registration charges. Since the Stamp Act has authorised the States to amend Schedule I of Stamp Act, the duty is to be reconned with reference to the law parvailing in Gujarat. There may be difference between the stamp law as regards the duties between states i.e Maharashtra and Gujarat. This is to be kept in mind.

The next alternative is to execute the regular sale deed, and give special Power to the son to complete the registration. This again is to be stamped with the duty prevailing Gujarat. In case of A.P. such Power of Attorney is to be stamped with Rs. 20/-, and in this state the same is not compulsorily registrable.

The later suggestion will be better so that the Stamp duty will be less and it is advisable that the same be got registered at Bombay so as to avoid any future complications. Of all said and done, try to contace a person(Advocate) at Gujarat to know about the stamp duty in case of Special POA, and get the same registered. This process will lessen the expenditure.