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ZULFIQAR HUSSAIN   04 March 2020

Power of Attorney

1.Can POA be notorized other than the place of actual existence of the property?.

2. ₹100 stamp paper enough for POA and can a sale deed be entered using this ₹100 denomination POA document.


Quick Summary
A Power of Attorney (POA) for immovable property transactions in India must be registered with the sub-registrar and have appropriate stamp duty paid (₹500/-). A simple notarised POA is insufficient for property dealings. POAs can be registered anywhere in India and are valid nationwide, even if executed abroad and subsequently registered in India. If you cannot attend the registrar's office, an officer can visit your home for registration.

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 March 2020

1.  ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances.  IF the POA is not registered, THEN the whole proceedings shall remain illegal.  POA can be given to "ANYBODY", irrespective of relationships.

2.  POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3.  POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India.  Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4.  POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Keep Smiling .... Hemant Agarwal

VISIT: www.chshelpforum.com

ZULFIQAR HUSSAIN   04 March 2020

Thanks Brother 👍

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