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Vandan Kumar   26 April 2021

Power of Attorney - Queries

Hi All,
pls guide on a POA to be prepare for absolute power for a property :-

1. POA made in Maharashtra is valid in West Bengal or state to state have different legal aspect on POA?

2. How to decide the value of stamp paper on which POA to be prepare?

3. POA given to X for sole decision to transfer on his own name, can he/she transfer the said property by the way of Gift deed to himself by virtue of POA?

pls advise, seeking advice urgently, Thank you.



 2 Replies

Sankaranarayanan (Advocate)     27 April 2021

1. it can be execute any where in India, if it execute in out of country then it should be adjudicate in local

2. it vary from state to state

3. its all depends upon the nature of transaction

so better to consult local lawyer with all documents and act accordingly .

Where are you from ?

Hemant Agarwal ( Mumbai : 9820174108)     27 April 2021

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 

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