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Pundalika Achyutha Bhat   30 August 2021

Execution of limited power of attorney within 2 indian state

I want to execute a Limited Power of Attorney favouring a third party who is neither a close relative nor other relative also. I want the "Attorney" should file a case against my co-operative housing society in a co-operative court regarding validity of a resolution passed during AGM held in February 2021.

I own a flat in a co-operative housing society at Atgaon, Shahapur Taluka, Thane District, Maharashtra  State and a member of that housing society. The "Attorney" too is a member of my housing society.

My queries:

(1) Is it true that the "Attorney" should be either a close relative or other relative ?.

(2) Now at present I am staying at Karnataka State and want to appoint the third party who is also a member of my housing society situated at Maharashtra State as above.

(3) Please guide me in the matter with all the possible alternative options if any


 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 August 2021

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. 2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver. 3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties. 4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable. 5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law. 6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void. VISIT: www.chshelpforum.com

Pundalika Achyutha Bhat   31 August 2021

Sir - my case is not related to "title transfer of property" and in no way a property case and right over the property. I am on my way to file a case against the co-operative housing society for passing an invalid resolution in AGM. So still do you opine that the Power of Attorney should be registered with Registrar of Assurances ?.

Dr J C Vashista (Advocate)     31 August 2021

Yes, you can authorise the member to act on your behalf (except transfer of property) even if s/he is not your close relative. Consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

Pundalika Achyutha Bhat   31 August 2021

@Dr. J. C. Vashista Sir - Thanks for your much needed legal advice. Surely I will follow your valuable advice.

Kishor Mehta (CEO)     31 August 2021

Currently an online facility is made available to file consumer grievances against a CHS from anywhere in India. The URL is "edaakhil.nic.in". This will help you to file your grievance without help from anyone.

Pundalika Achyutha Bhat   31 August 2021

@Mr. Kishor Mehta Sir - Thanks for your advice to file consumer grievances against a CHS through online. Surely I will look to explore that medium also.

Dr J C Vashista (Advocate)     31 August 2021

You are welcome Mr Pundalika Achutha Bhat.

Pundalika Achyutha Bhat   31 August 2021

@Dr. J. C. Vashista Sir - after executing a Power of Attorney and Notorized at Karnataka State I am sending the same to the "Attorney" at Maharashtra State. Is that sufficient for the "Attorney" at Maharashtra State to persue my case further at his end ?.

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