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Summit (Self)     01 December 2009

Is Registration mandatory for General Power of Attorney ?

My father stays in New Delhi, but I stay in Kolkata. My father owns an old property in a suburb near Kolkata. The said suburb is not under the Kolkata Municipal Corporation, but under a different Municipality. He now wants to sell it and intends to Grant me a Power of Attorney for carrying out the sale as he does not stay in Kolkata. I have three questions -

1) Would we need a Special POA in this case or a General POA would do ?

2) Would the POA need to be Registered ?

3) What would be the likely Charges for Registering such a POA ? (I guess it shouldn't be too much, as we're Blood Relations, so the Stamp Duty doesn't need to be paid. Am I Right ?)

4) Would the POA need to be Registered in a New Delhi Court (Registrar) or in a Kolkata Court (Registrar)?

5) Finally, what would be the correct process of Registering the POA ?

Thanks in Advance to All.

Summit.



Learning

 8 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 December 2009

In the light of the facts of your matter POA is to be registered with registrar at Delhi and it can also be at Kolkatta, if your father can come there. The charges are very nominal. In Haryana these are only rs. 1000/-.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     01 December 2009

Since the POA IS WITHIN THE BLOOD RELATION GENERALLY THE CHARGES WOULD BE LESS,and the POA  can be registered before any Sub-registrar office,and could be operated any where in India.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     01 December 2009

 

5) Finally, what would be the correct process of Registering the POA ?

In Karnataka we have document sheet which costs at about 2 Rs. Per sheet,We use these document sheetsfor getting the matter typed,and we present the same to the Sub-registrar,along with the necessary particulars pertaining to the property for clarification. Here in Karnataka all the process is computerised,Hence after payment of the fixed charges,the document is registered and the said document is delevered to the person on the very same day or latest by next day. The procedure is very simple in Karnataka.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

//1) Would we need a Special POA in this case or a General POA would do ?//

You need general power of attorney.

//2) Would the POA need to be Registered ?//

As it involves authority to transfer immovable property, it requires to be registered.

//3) What would be the likely Charges for Registering such a POA ? (I guess it shouldn't be too much, as we're Blood Relations, so the Stamp Duty doesn't need to be paid. Am I Right ?)//

Stamp duty would be Rs.100 and registration charges would be similar amount. It varies state to state.

//4) Would the POA need to be Registered in a New Delhi Court (Registrar) or in a Kolkata Court (Registrar)?//

In either of the place it can be registered.

//5) Finally, what would be the correct process of Registering the POA ?//

Draft the power of attorney with purpose of power and details of the property, print it in a stamp paper and register it.  

Summit (Self)     03 December 2009

N Ramesh ji,

Hearty Thanks to you for putting out the answer in such a nice format. It indeed has been immensely helpful.

I say Thanks, for the lack of a better word to express my gratitude. You've been Great !

Thanks to everyone else as well. All of you have been helpful.

Thanks Again !

Summit.

N.K.Assumi (Advocate)     11 December 2009

Enough has been said  & nothing to add now.

Raghav Sood (Lawyer)     19 December 2009

it requires registration not by notary but only by sub registrar

m.arunprakaash (advocate)     05 January 2010

 Your father can execute and register a GPA or SPA in favour of you Ath Sub-registatr of office where your father now resides. you can sell the property which is situated in kolkatta based on powers of this GPA executed and registered in New Delhi.


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