Mahesh (manage) 24 March 2014

Gpa in maharastra - for land in tamil nadu

Hello Experts,

My situation is like below.

I am purchasing a property located in Hosur area, Tamil Nadu from a senior citizen couple who live in Mumbai in my wife's name. Seller cannot travel to Hosur, TN due to age.

We got sale agreement and SPOA in my name notarized (via notary ledger) at the Mumbai high court via a notary.

When we went to sub registrar office in Colaba, Mumbai to register the SPA (power of attorney) document, the officer said he cannot register the document as the term "admit execute" or "admit execution" is not present in the language of the SPOA document we had prepared. (special power of attorney). He further clarified that the sale deed also has to be signed by the "seller" along with giving the SPOA to "admit execute" sale deed in TN registrar office to me, since i was only a 3rd party and not family member of seller to sell on their behalf, I.E i can only represent to execute the sale deed signed by them.

I have also now read elsewhere that 4-5% stamp duty has to be paid on property value in Maharastra for immovable property to register POA's.

My questions are -

1. How will Mumbai sub registrar determine this 5% stamp duty on property in Hosur, TN.

a. Will he insist on a signed sale deed to confirm this value?

b. Will "sale agreement" be enough as sale deed cannot be signed from buyer side as yet.

c. Guidance value of properties by village survey number is available in TN website, if i take print out of this as proof for guidance value, will Mumbai registrar accept it for 5% stamp duty for POA registration, or will he ask for a seal from TN registrar office?

2. If i prepare sale deed in Hosur and take it to Mumbai,

a. Can the seller sign on the deed and me later sign as POA holder on their behalf to execute this in TN sub registrar office?.

b. If seller can sign the deed remotely (in mumbai) should that be notarized in Mumbai to be accepted or is some proof of ID notorized copy be enough?.

3. What other things should i account for before i travel to Mumbai, as my previous visit came to naught. I have paid the money as well. If GPA cannot be done and accepted in TN, all the effort and travel cost will be wasted.

4. What is the accepted means of transacting genuine SPA \ GPA situations like this across sub registrar offices in different states, how do they accept guidance values for POA for properties in other states?

I am told by my broker that Hosur sub-registrar will allow registration in my wife's name as long as i hold a valid registered SPA\GPA from seller. Its the issues around stamp duty in Mumbai to secure the SPA, and does seller needs to sign on sale deed for "admit execute" situation that is causing confusion for me.

Please respond soon as this has to be decided by tomorrow, when i travel to Mumbai.

I am planning to use below format for my SPOA registration at Mumbai, please let me know if its good enough.

www.aadisol.in/aca/sa/forms/1058.doc‎

Reply Follow

3 Replies

Dr J C Vashista (Advocate) 24 March 2014

Consult local lawyer.

Be precise in your query

adv.raghavan (Advocate,9444674980) 24 March 2014

Let me check with my counter part and come back to you, it is not a big deal, it can be done easily.

Mahesh (manage) 19 April 2014

Thank you experts for your responses. Though i will post this update to close the thread.

1. There is a provision to give special POA to someone to "witness" or "admit execution" of sale deed and to take care of required documentation work for a remote seller. For this they charge only Rs.100 in Maharastra officially. The actual seller has to sign on the sale deed, but need not be physically present at sub-registrar where property is located for registration this way.

2. Any POA must be registered with local authority of seller, to be accepted in TN. Notary wont work. They also claim they will accept it only for a month from the time it was registered.

3. Under above provision the seller who cannot physically come to another city can sign the sale deed and give POA to someone else for to "witness" or "admit execution". In my case my wife and the seller signed the sale deed and i witnessed it using the POA registered at Maharastra.

4. I had reviewed the POA format with local sub-registrar before going to Maharastra. Changes were made in the template in the above link to remove all wordings and lines related to "right to sell", collect money, and changed it to "admit execution", "witness" of "sale deed i have signed" etc.

5. The POA was recently accepted at the sub registrar where property is located, and the registration process is complete, though i am awaiting the final document which can take up to 3 weeks.

Tip :

1. From my knowledge "large tips" were expected to make anything happen. Unfortunate. Hope things change for the better.

2. Please collect notarized id\pan card proof of seller and their witness.

3. Leave sale date blank in the sale deed to be filled in later. Dont forget to get it signed by seller when going to collect POA.

4. New Sale deed should mention POA details clearly.

5. Better go through well established law firms, or experienced stamp vendors to make it happen quickly.

All the best.