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Lalit Soman (Asst. Company Secretary)     07 December 2010

Power of Attorney

Hi All,

Mr. X  and Mr. Y are brothers, of whom Mr. resides in Pune, Maharashtra and Mr. Y resides in Ahmedabad, Gujarat. Mr. X &  Mr. Y are joint owners of a flat situated in Ahmedabad and intend to sale the flat.

Mr. X resident of Pune wants to execute a specific Power of Attorney in favour if Mr. Y residing in Ahmedabad authorising Mr. Y to complete the sale tranasaction. Since the property is situated in Gujarat, stamp paper is purchased in Gujarat. CAn Mr. X excute the Power of Attorney in Pune and Mr. Y accept the same in Ahmedabad or the Power of Attorney needs to be executed by both in Ahmedabad? Does this Power of Attorney need to be registered with the Sub-register, Ahemdabad or only notarisation will do?

Kindly advice.Thank you in advance

 Lalit soman



Learning

 5 Replies

SALA SATEESH (lawyer)     07 December 2010

Dear sir,

where the person is residing he has to purchase thereitself   the stamp paper and get it executed, notary would not materialsie nor held to be a bonafide transfer as such he has get it validated by pune sub-registrar's office and the same again has to re-validate with the gujarat sub-regisgtere.

 

this is what the proper execution to be done in your case.

 

Regards,

S.Sateesh

Bharatkumar (ADVOCATE )     07 December 2010

Yes, Mr.  Sateesh is right, But i think Mr. X come at Ahmedabad and Registered the Sale deed without POA, because they are sale their property so thye both are presents in Sub-Registrar office.

Abhishek Marvi (ADVOCATE)     08 December 2010

Yes Mr. x execute POA in pune before notary and Mr. y accept in Ahmedabad  before notary.

SACHIN AGARWAL (ADVOCATE)     09 December 2010

The Power of Attorney can be executed at both the places but the stamp paper should be of the place where it is being executed.

In U.P. registration is mandatory. Please at Maharastra or Gujrat.

Abhishek Marvi (ADVOCATE)     09 December 2010

Gujarat is also mandatory


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