dny (dnyandeo_bharambe@yahoo.com) 17 February 2011

power of attorney

Hi I am right now in USA and buying property in Maharastra . I gave POA to my in-laws for same. I use power of attorney builder gave me(general power of attorney). The Govt officer is not signing it by saying it include clause for buing as well as sale and saying I need to pay stamp duty for sale too then only he can sign.

I like to know right now I am only buying and why I should pay for sale stamp duty ? When ever I want to do that I will pay? Is it legal and compulsary that I need to pay sales stamp duty even I intend to not do it? or he just want some bribe to do that task?

Is it possible that I can remove sales clause there using some legal authority and use same if yes what should be process? If sales stamp duty is manadatoty then how it calculated based on my proprty price today? What if I want to sale it after 10 years do I need to pay it again according to new market value? Please reply me.

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4 Replies

A V Vishal (Advocate) 18 February 2011

The officer is right, if there is a clause authorising the attorney to sell or intended sal than stamp duty is compulsarily payable on the value of the property. Hence either pay stamp duty or delete the relevant clause for sale.

dny (dnyandeo_bharambe@yahoo.com) 18 February 2011

If I want to delte that clause then can I do it without creating new POA? If yes what is procedure for it. Basically I want to dele sell clause from it but want to keep same POA can it do? What is legal way to do that? I want to avoid new POA as it will take more time. So want some solution to use same but delete sell clause?

A V Vishal (Advocate) 18 February 2011

Even if you delete the clause you need to sign against the deletion to ratify it. It once again involves sending the document back to the US and getting it back. So the best option is to execute another POA, however, it is always better to get the documents vetted by a professional back here before execution since it saves a lot of time, money and energy apart from keeping off from legal hassles.

robin george (Lawyer) 22 February 2011

What will happen if you have paid the stamp duty for the property on the POA and then have not entered into the intended sale.The said stamp duty amount will have to then claimed back from the authorities.

Again the whole purpose of a POA is lost in such a condition, if a person has to pay the stamp duty along with POA for an intended sale.

There is no necessity to pay stamp duty for the property on a POA for buy/ sale of property.

Get the same in writing from that Officer concerned and then go for appeal on the same.