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A. KANNAPPAN (SENIOR CITIZEN)     05 February 2010

POWER OF ATTORNEY-ADJUDICATION

Myself (aged 75 yrs) and my son (aged 49 yrs) live in Sweden.  I am an OCI (Overseas Citizen of India) and my son is an Indian citizen.  An apartment in a multi-storied building in Bangalore, Karnataka, has been purchased on installment basis by my son and now it is ready for take-over. The final installment and the charges for water and electricity and other services have to be paid and the purchase has to be formally registered. I came to India to complete the formalities of taking over the apartment, bringing with me a notarized GPA executed by my son in my favour on 7th Feb. 2007. 

Now I am advised to get an adjudication on the GPA in order to execute the registration.  I get different opinions on the issue. Some say that I should get a fresh PA specifically intended for purchasing the property and for executing the registration, and such a document should be adjudicated.  A web article by Ms. Vatasla S. D. does not mention the need of adjudication or the need of registration of PA for acts other than ssle of property. I would very much appreciate to receive some clarification on this aspect of the problem.

1. Should a PA specifically intended for purchasing a property be adjudicated? 

2. Should my son execute a new PA in my favour or in favour his close relative, such as his brother-in-law who is a citizen and resident of India?

3. Should the PA be attested by the Indian Embassy in Sweden or is it sufficient to have it notarized in Sweden. Attestation by the Embassy is time-consuming and involves a trip to Stockholm from Gothnburg, a distance of some 500 kms.  We would prefer notarization in Gothenburg.



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 16 Replies

SURESHKUMAR.S (ADVOCATE)     05 February 2010

Mr.Kannappan,

It seems that you are having a POA, in favour of you, executed by your son. Ensure first, in order to purchase a property, different state governments have issued amendments in Registration Act, and as per the stipulations, the purchaser also must present. In case, if you are represented by your son, who is at abroad, the Power agent must have the valid POA, in the sense, that the POA must have the clause ,authorising the agent to purchase the property and for registration compliances in the Principal( your son's) name. And since, your son is at abroad, it must definitely  be attested by Indian embassy. Otherwise, the POA is invalid and the registration authority may or even shall deny  you to allow for registration compliances.

nishad (Asst.Manager Legal)     05 February 2010

1.Since you will be presenting conveyance deed for registration at SRO as the power agent,  the same needs to be invariably registered.

2.POA should be certainly attested by Indian embassy

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     06 February 2010

//1. Should a PA specifically intended for purchasing a property be adjudicated?  //

Any Power of Attorney executed abroad has to be necessarily authenticated/ adjudicated  before concerned SRO in India.

//2. Should my son execute a new PA in my favour or in favour his close relative, such as his brother-in-law who is a citizen and resident of India?//

In case of purchase of immovable property, the purchaser/principal has to be resident indian. In case, purchaser is NRI, then certaun rules are prescribed by RBI to be complied with. In your case, you are only agent and the purchaser is your son who is indian citizen. There is no such restriction on an OCI being an agent. Therefore no new power is required.

//3. Should the PA be attested by the Indian Embassy in Sweden or is it sufficient to have it notarized in Sweden. Attestation by the Embassy is time-consuming and involves a trip to Stockholm from Gothnburg, a distance of some 500 kms.  We would prefer notarization in Gothenburg.//

Law prescribes either attestation by embassy or notarisation. Both has equal value. Attestation by embassy is not madatory. Only  an alternative. Notarisation will serve the purpose as per section 85 of Indian Evidence Act.

 

 


Pavithra (Member Accounts)     09 March 2010

Hi

 

Can you please outline the steps for getting a POA adjudicated at a sub-registrar's office in Bangalore. I have a POA attested by the Indian embassy in San francisco which needs to be adjudicated in Bangalore. The property is located in Sarjapur road.

1)SHould it be adjudicated in Sarjapur sub-registrar's office?

2)WHat documents should i carry for the adjudication?

3)What is the typical cost for adjudication?

4)Will the process be completed on the same day?

Vinay Paul TK (Advocate)     17 February 2011

Sub-registrar's in Karnataka are not empowered to adjudicate Power of Attorney's. The power for adjudication is vested with the jurisdictional District Registrar.

If power to sell is given, the District Registrar will charge 6% of the Vale stipulated in the POA or Guidance value whichever is higher. If the POA is executed within Family members as stipulated in the Stamp Act, then the Stamp Duty is Rs.100/-

if executed between family members, you have to carry proof regarding the same.

In normal cases it is completed in a single day.

Ramprasad B (Member)     26 May 2011

Dear Vinay,

Request your help/advise on the below scneario.

For a property I inteneded to Purchase, the owner was in USA and he provided the POA to his Father in law (FIL).

FIL further adjudicated the POA by paying 6% stamp duty to the district registarar on 31st March 2011 with the understanding that the stamp duty paid (6%) will be deducted/reduced when we do the sale deed registration.

We now went to register the propoerty from the POA holder (FIL) to my name. To our surprise, we came to know that the 6% stamp duty paid earlier for adjudication is no longer valid and cannot be refunded as there was some chnages in rules starting 1st April 2011. The sub registrar asked us to pay the entire 6.72% again and mentioned that the earlier paid 6% cannot be deducted or refunded.

I am appauled by this as we had paid the stamp duty for adjudication on 31st March and they say that this new chnages in rule are effective 1st April. Logically I beleive our stamp duty of 6% should be honoured either by deduction or through refund.

How do you see this unfolding and request your expert advise.

Thanks a lot.

Adv Akhtar Ali Sheikh (Property Law Consultant)     28 May 2011

Dear Mr. Ramprasad B,

Though  I am not aware of the situation in Karnataka, I presume it will be similar to one which is prevailing in Mumbai Maharashtra.

In Mumbai you would have to resubmit the Power of Attorney duly stamped with the Agreement i.e. your sale Deed, to the Adjudication Office (i.e here Collector of Stamps) both will be scrutinized and if it can be ascertained that the details mentioned in the POA correlate exactly with the ones incorporated in the sale deed, the agreement will be stamped with 100/- stamp duty by the Collector of STamps, and then the POA and the Sale deed can be registred by the registrar.

Manish (Seeker)     09 April 2012

hi Akhtar,

I need to register sale deed. My brother is in USA and he wants to register PoA in my name to execute Sale Deed.
I found that if PoA needs to signed and notarized in USA, then Attested by Indian Consulate in USA. Once here, it needs to be Stamped-Franked and then Adjudicated in Mumbai. This will then be Registered PoA which can be used to do Sale Deed registration.

Adjudication process may take 4-6 weeks but that is too long to do that.

1. Is this a correct process?

2. Is there any faster way to accomplish this?

Any help will be appreciated.

Thanks.

Manish

Cawas (Owner)     20 April 2012

 

Dear Members

I wanted to sell my flat in Mumbai. I approached my sister and got a Special Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujarat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer and can the buyers with whom no agreement could go thru take an objection to thia.

 

Warm Regards

sanjay (nil)     17 May 2012

 

dear sir,

my question is that my grandfather was owner of property and they passed away in 1995. they had three children all were married , elder brother of my father passed away in 1997 and other elder brother is alive .before 5 years of death my grandfather transfer property by GPA to name of my father. 

my father got married two times. after death of my elder mother who had three children, one is elder brother or two sisters then they got married to my Real mother and they let born one (myself) or two my sisters. i live with my parents  but not my elder brother due to his rude behavior. 

finaly my parents took decision to sell the house and partition of share of amount amongest all childrens .

now the situation is arise that my elder brother object to sell the house. he dont wanted to sell the house but my parents not agree with him.

 if my parents sell the house and dived share to all childrens. then we live another house already bought on 2005 by GPA to name of my mother. is there any legal rights of my elder brother remains upon another house named my mother?

Kris Chari (XX)     19 May 2015

I have given a comprehensive general power of attorney to my relaive in mumbai duly notorized, apostilled and registered with CG Newyork and sent to mumbai for adjudication and registration.

Now I am told that this document must be adjudicated and registered every three months.

Is this correct?

Thanks

 

 

Prabaljeet Haldar   02 August 2016

Dear Members,

I have a query. I am currently residing in New Zealand on deputation from my parent Indian company. I have booked a flat in Pune. I want to give the Power of Attorney to my father to carry out all the processes on my behalf.

1) Do I need to get the POA attested by Indian Embassy for house registration & Home Loan OR getting the POA notarized from Notary public in New Zealand will also work.

2) Do I need to follow the adjudication process before doing the registration or applying for home loan.

Warm regards 

d c bhargava (NA)     03 November 2017

My daughter sent to me her GPA, duly attested by the Indian Consulate, not by courier, but through family friend and neighbor who was returning to India  2 weeks later. Can the SDM Delhi refuse to authenticate and stamp the GPA merely due to the absence of the envelope as it was not sent by post.

However, I, the GPS holder in Delhi,  have the scanned copy of the .DD drawn in favor of the Indian Consulate for the specified fee in $, dated one day before the GPA attestation in foreign country. Is not this also documentary evidence.

DC Bhargava

d c bhargava (NA)     03 November 2017

My daughter sent to me her GPA, duly attested by the Indian Consulate, not by courier, but through family friend and neighbor who was returning to India  2 weeks later. Can the SDM Delhi refuse to authenticate and stamp the GPA merely due to the absence of the envelope as it was not sent by post.

However, I, the GPS holder in Delhi,  have the scanned copy of the .DD drawn in favor of the Indian Consulate for the specified fee in $, dated one day before the GPA attestation in foreign country. Is not this also documentary evidence.

DC Bhargava


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