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prize (MD)     11 July 2011

POA

Hello ,I  issued a power of attorney in my dads name and its on plain paper and signature is attested by honorary  consulate general  (India)Brisbane.My dad ajudicated that document.and its not registred with any registrar office.Now I want to kow wether its valid with just ajudication ( this POA is for sale of property)

 

Another power of attorney was from Dubai  wich is on stamp paper ( Rs 100 and Rs 50) and its attested from consular general. Its not ajudicated or Registred In inda ,Is this is a valid docuemt ?

 

Thank you



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 July 2011

Registration of POA in both the referred case is must otherwise the alleged POA cannot be used as a genuine document authorising for sale. The subsequent document prepared on stamp paper can be paid more reliance than former if any dispute arises.

1 Like

Shashikant V. Patil (Lawyer)     12 July 2011

I too agreed with the view of Rajkumarji.  In both the cases POAs shall be registered that too for sale of property.

1 Like

prize (MD)     13 July 2011

Thanks for replay,How about Buying property with Unregistred POA 

K. GOPALAKRISHNAN (ADVOCATE)     14 July 2011

In my opinion, the adjudicated POA can be enforced in case of any dispute arises than the POA typed in the Stamp paper pertaining to India.   The meaning of adjudication is only pertaining to stamp duty i.e., we are adjudicating the POA only for Stamp duty.  Moreover, the adjudication is done only in the office of the District Registrar instead of Sub Registrar Office, which is superior authority.  Hence the power to adjudicate the POA is not delegated to the Sub Registrar as it is lies with the Registrar.   And in my opinion, the stamp paper of India cannot be executed in abroad and notarised or attested by an advocate or Consulate General of India.

Gopalakrishnan

Advocate

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