mahesh ayati (private service) 25 March 2009

Power of Attorney ?

Dear sir,

I am going to purchase a flat at in pune city .

1] The flat is 12 years old

2] The first owner sale the flat in 1998 to second owner (Present) on an agreement which is only notaries

3] The second owner paid all money thru. cheques to first owner but second owner not transfer the document of flat on his name due to having very good relation in between.

4] The flat all documents in the name of first owner only and the second owner have only notaries agreement.

The first owner having a age of 75 and he is heart patient leaving at somewhere in orisa state, he cannot come in pune for transfer of flat.

In this situation how I complete the process to purchase this flat from second always as first owner?

As per My Lawyer suggestion that

1] Take power of attorney from first owner to second owner to complete the process , in this case can we register power of attorney at pune or orissa and what is the stamp duty we pay?

2] Register the notaries agreement in between of first and second owner had done in 1998 under stamp duty amnesty scheme of maharashtra. It is possible?

Please advice me.

Regards,

Mahesh Ayati

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4 Replies

Y V Vishweshwar Rao (Advocate ) 25 March 2009

Mahesh !

Get the GPA prepared at Pune with Required stamp duty for execution of the GPA by First Owner in favour of the Second Owner and get it executed in Orissa Where the 75 years old First Owner is residing, and obtain a Special Power from First Owner in favour of any person to present the said executed GPA before the SRO Pune and to admit the execution of the same before the SRO Pune on behalf of the First Owner .

This Special Power to admit the document before the SRO is required to be singed by First Owner before any SRO-in Orissa and SRO- Orissa attestation is required and

there after present the executed GPA through Special Power holder before the SRO Pune and the Special Power holder will admit the execution of GPA by First owner in favour of SecodnOwner and the said GPA is to be registered by the SRO Pune.

Thereafter get the Sale Deed Executed and Registered in your favour by First Owner represented by his Regd GPA Holder- Secodn Owner .

I hope this will solve your problem .

PALNITKAR V.V. (Lawyer) 25 March 2009

The transaction can be completed through appropriate power of attorney executed by First owner in favour of the Second owner giving him right to execute sale deed on his behalf. The second owner can execute the sale deed on the basis of the POA and he can sign it as consenting party. There need not be a sale deed between 1st and the 2nd owner if above procedure is followed.

V.V.RAMDAS (Advocate) 25 March 2009

Mahesh,

Mr Rao could not make you clear but PalnitkarSir has simply clarified you doubt. Power of Attorney must be registered either from the orissa or from Pune. I do agree with the contention of Mr.Palnitkar.