Question on power adjudication


sir,

can you please tell me what is the difference between a power of attorney adjudication and power registration. a NRI had issued a power to a local brother here 10 yrs back. record shows at bank as power adjudicated ..

but when applied for certified copy at regisration office, it says, power is not regisrterd/registration not need ..

only adjudication was done. this looks little legal terms. please clarify what is the difference between adjudication and registration when it comes to power

 
Reply   
 
FIN

The document for the (said purpose) signed abroad should be authenticated…

Adjudication; determination of duty with which instrument is chargeable..

Registration you are already aware..

 
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FIN

GO thru;

THE INDIAN STAMP ACT, 1899

CHAPTER III

ADJUDICATION AS TO STAMPS

https://indiacode.nic.in/acts/2.%20Indian%20Stamp%20Act,%201899.pdf

 

THE REGISTRATION ACT, 1908;88

https://indiacode.nic.in/acts/7.%20Registration%20Act,%201908.pdf

The Indian Evidence Act, 1872;85

https://indiankanoon.org/doc/1953529/

 

And rules for country where principle was located..

 
Reply   
 
FIN

The PoA might have to be attested by Indian Embassy/consulate

Or notarization was sufficient for the purpose of PoA

and if the PoA was to be adjudicated/registered locally in India..at location of property/agent..

Check locally which and where is adjudication office/who is adjudication officer SRO/Distt.Registrar/Collector of stamps/SDM etc etc …..as per state rules….

As per reply given to you IT seems that adjudication was not required at the time when agent acted by PoA…

Or the act by agent was erroneous..

At the time of act of registration the POA has to be (re)presented with agreement for sale deed….

So the copy should be available..

Discuss with LOCAL senior counsels of unshakable repute and integrity specializing in revenue/civil/property  matters  and well versed with latest citations, LOCAL applicable year wise rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc ..for support and help..

Even senior deedwriters may be able to help you on the prevailing rules as on date of act by agent.

You may also check if the state govt website provides detailed information or FAQ e.g;

http://www.tnreginet.net/english/faq.asp

 
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