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Raja Sundarraman (Advocate)     21 April 2008

General Power of Attorney- Is it to be registered?

 Dear Learned friends,

     May i request your valuable opinions as to weather a deed of General power of Attorney has to be mandatorily  registered in view of the provisions of the Indian Registration Act relating to presentation of sale proceeds to the registering authories.



 24 Replies

veenzar (Advocate)     21 April 2008

REGISTRATION OF POWER-OF-ATTORNEY * Registration of power of attorney is not compulsory. it is optional * In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution). * In other areas, attestation should be by a Notary or diplomatic agents * In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing (signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the power specifically excludes such powers * Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months * Registration of power of attorney authenticates the deed of power of attorney * Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind * If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered.

veenzar (Advocate)     21 April 2008

REGISTRATION OF POWER-OF-ATTORNEY

* Registration of power of attorney is not compulsory. it is optional
* In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).
* In other areas, attestation should be by a Notary or diplomatic agents
* In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing (signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the power specifically excludes such powers
* Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months
* Registration of power of attorney authenticates the deed of power of attorney
* Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind
* If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered.

Rajendran Nallusamy (Advocate)     21 April 2008

If the Power of Attorney relates t sale of property it needs to be registred. For any other purposes regitration is not mandatory.

(Guest)
When the GPA is given for attending to court cases/govt authorities, it need not to be registered. When it pertains to purchase/sale of assets, it need to be registered under Indian Registration Act.
1 Like

SANJAY DIXIT (Advocate)     22 April 2008

Thanks dear Veenzar for the registration information.

Rasik Dagli (Lawyer)     23 April 2008

Registration of Deed of Power of Attorney is optional. However if it relates to sale of Immovable property and authority to receive sale consideration, it must be registered. It will also require to pay the same Stamp Duty which is payable on Sale Deed of the said property.

aruntrivedi (lawyer)     26 April 2008

yes, it is statutorily required to be registered with photographs of donor and donee both if it is in gujarat under the latest amendments it has been made compulsory now with respect to transfer of property

Tipsy (importer)     26 April 2008

Is there any notification, thatForeign power of attorney requires photographs, could you please highlight details or email us on impexsoution@vsnl.net

kavitha (lawyer)     06 May 2008

In Tamil Nadu the stamp duty for registration of power of attorney is nominal its only Rs. 100.

(Guest)
A foreign power of attorney is the one which is executed at a foreign country and the executant's signature is authenticated by the 'Indian Embassy official at the country' where it is executed. When the said power of attorney is registered at the respective Registrar Office at India (adjudication of power of attorney), the photograph of the agent (the person who is authorised in the power of attorney document) is to be pasted on the reverse of the Ist page and to be submitted for registration.

Guest (n/a)     15 May 2008

1) I don't think that notarization of a Power of Attorney is compulsory. 2) Similarly, having it witnessed by two witnesses as mentioned by Mr. Veenzar is also not compulsory. Can anyone clarify ?

arunprakaash.m. (advocate)     29 May 2008

when a power of attorney relates with immovable property worth more than Rs.100.00 then it should compulserily regitered under The Regitration Act

arunprakaash.m. (advocate)     29 May 2008

when a power of attorney relates with immovable property worth more than Rs.100.00 then it should compulserily regitered under The Regitration Act

arunprakaash.m. (advocate)     04 June 2008

regarding your query about power of attorney if it involves any consideration then it should be regitered with regitered office of local place where the property is situated or at a place where thwe principal resides.. it should be authenticated by either notory public,judge magitrate or central government officials or consular office in foreign countries.

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