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Manish (AM)     24 February 2015

Regarding special power of attorney

Hi I am Manish currently residing in Bhopal. I have a flat in Kolkata of which my father and my brother are the co-owners. We are now planning to sell the flat. However, due to certain circumstances I cannot go to Kolkata right now. I want to give my father a Special Power of Attorney wherein he will have the power to sell the said property and sign the related papers on my behalf. My father stays in Kolkata.

1. Is it necessary to register the Special Power of Attorney?

2. If I have to register the POA, I'll get it done in Bhopal. So, is it necessary for my father to be in Bhopal to register the POA?

3. Are there any charges to register the POA in proportion to the cost of the property? If yes, what are the charges in Bhopal?

I hope I can find some meaningful answers here.

Thanks in advance,

Manish Kumar



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     25 February 2015

1. Is it necessary to register the Special Power of Attorney?

--Your query is confusing. When you are not owner of the property, what is the use of giving SPA.

2. If I have to register the POA, I'll get it done in Bhopal. So, is it necessary for my father to be in Bhopal to register the POA?

--Assuming you are the owner, You can execute POA in Bhopal and have to get it registered in the sub registrar office.  It is mandatory.  Your father presence is not required.  But you have to send the same to your father in a reliable courier or through any reliable person.

3. Are there any charges to register the POA in proportion to the cost of the property? If yes, what are the charges in Bhopal?

--Yes, if there are sale powers in the PAO, it is 1% of the government market value of the property in Telangana.  It differs from state to state. Enquire in Sub registrar office. 

T. Kalaiselvan, Advocate (Advocate)     01 March 2015

1) Yes

2) Yes you can register it in Bhopal, your fathers presence is not required.

3) Stamp duty differs from one state to another.

Biswanath Roy (Advocate)     02 March 2015

If your father and your brother are co-owners of the property why you are in need to give POA to your father for selling the property? Does it not ambiguous and confusing?

However, you can give special POA to your father at Bhopal.

Your father's attendance at Bhopal Registry Office will be needed for putting his finger prints and signatures on the records of registration and acceptance of SPOA.

Stamp Duty can be ascertained from Bhopal Registrar's office.


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