Power of Attorney

Sale by General Power of attorney holder.

 

In many cases the actual owner does not come forward for executing the sale deed and the GPA holder represents the owner. In such cases first of all we have to verify the genuineness of the GPA. The original GPA must be verified and the GPA holder must have the custody of the original GPA. The following points may be borne in mind while examining the GPA:

 

a) The GPA is still in force. If it is an old GPA ask for a confirmation.

 

b) The GPA must contain the following powers and particulars:--Power of sale, power to sign and execute the sale deed, receive the consideration, appear before the Sub-Registrar, present the document for registration, admit execution and receipt of consideration, deliver possession of the property and description of the property, full name and address of the person giving the power and the person to whom it is given. If all these powers are there the GPA holder can execute the sale deed.

 

c) The GPA must be drawn on stamp paper of the required value. It must be attested by a Notary, Magistrate, Sub-Registrar or embassy. Registered GPA is preferable.

Why is there so much of apprehension about power of attorney?

Find attached a POA for executing document

1) What are the matters to be noted in respect of Powers of Attorney executed abroad?
The Power of Attorney can be executed in a green sheet or a white sheet and stamped or adjudicated, within three months after receipt in India. It has to be authenticated by an Indian Consul, Vice Consul or a Notary.
In many cases, the Power of Attorney executed abroad is sent with only last page signed by the Principal. This practice is not desirable and every page has to be signed by the Principal. This will save a lot of time and avoid unnecessary delay and expense.
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even though the power of attorney not compusarily registrable, as per sections 32 and 33 of Indain Evidence Act, the power attorney for specifically for presnting a document for reigstration must be registred.