Power of attorney


Dear Sir, My elder uncle (based in UK) apointed /nominated my father and his younger brother to represent or execute any deeds on his behalf jointly or severally. As my father has passed away last year, and my elder uncle is unable to visit India due to Covid travel restrictions. Can my younger uncle still represent on my elder uncle's behalf? The lease has no clause on expiry or validity? Please advise Thanks
 
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ha21@rediffmail.com Mumbai : 9820174108

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. Online POA Registration facility is not available, as yet.   IF the POA is not registered, THEN the whole proceedings shall remain illegal.  POA can be given to "ANYBODY", irrespective of relationships.  Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. 

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.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

 
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LEGAL

That depends on the terms and conditions of POA, if the attroney states that both shall represent at the same time then your younger Uncle cannot use the POA. IF it is written that either of  the brothers can represent then it is still effective.

 
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Yes, your younger uncle can represent and execute any deed as he has been authorised  by your elder uncle through power of attorney to act upon jointly with your father and also severally.So your younger uncle can act upon on basis of power of attorney.

 
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Lawyer

A fresh PoA duly attested by Indian High Commission in UK may be granted/ executed in favour of anyone, which shall be authenticated by area SDM before registration of sale transaction.

 
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