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Power of Attorney

Last updated: July 24 2013
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  • Power of Attorney

    I am an NRI, and providing a Power of Attorney (PoA) to my wife (Indian resident) for getting a property (purchased from a builder) registered under a sale deed and on payment of stamp duty / registration fee.

    I have suddenly heard that legal amendments are being brought about to stop registration through PoA. What is the situation please?

    Also, can anyone please explain how the PoA route was being misused to avoid payment of stamp duty, etc?
  • #2

    #2

    Re : Power of Attorney

    Kindly View my post
    .
    Power of Attorney - Amendment February - 2012
    .
    https://www.indianrealestateforum.co...--2012?t=61910

    Comment

    • #3

      #3

      Re : Power of Attorney

      Thanks for the link.

      Is the amendment of February 2012 applicable to Tamilnadu, or entire India? Which Act has been amended please?

      Also, I wanted to know as to "how the PoA route was being misused to avoid payment of stamp duty, etc". Any information on that?

      Originally posted by bala_animation View Post
      Kindly View my post
      .
      Power of Attorney - Amendment February - 2012
      .
      https://www.indianrealestateforum.co...--2012?t=61910

      Comment

      • #4

        #4

        Re : Power of Attorney

        it was a Amendment announced by the government of Tamilnadu(J.Jayalalitha-Sun News) so it is applicable in Tamilnadu, but it is better to follow where ever in India
        .
        I think The Registration Act 1908 under Section32(not sure)
        .
        POA is issued for certain purpose only, a power agent cannot give rights to anyone, or cannot own the property, the cost for poa stamp duty is less than to register the property on his name, the POA depends how much rights the owner gives him

        Comment

        • #5

          #5

          Re : Power of Attorney

          Ok, thanks again.


          Originally posted by bala_animation View Post
          it was a Amendment announced by the government of Tamilnadu(J.Jayalalitha-Sun News) so it is applicable in Tamilnadu, but it is better to follow where ever in India
          .
          I think The Registration Act 1908 under Section32(not sure)
          .
          POA is issued for certain purpose only, a power agent cannot give rights to anyone, or cannot own the property, the cost for poa stamp duty is less than to register the property on his name, the POA depends how much rights the owner gives him

          Comment

          • #6

            #6

            Re : Power of Attorney

            Dear experts - I have a query regarding GPA. Request your advice on this (slightly complex) situation:

            My father, the GPA holder of a site in Bangalore, expired last year. This was the second GPA for the property - transferred from Nagaratna who is the daughter of the original owner (Nagaratna was the first GPA holder).

            Now that my father is no more, what route do I have to take in order to get a sale deed executed? What is the legal recourse in case Nagaratna or her legal heirs pose problems to execute a sale deed in my favour?

            Regards
            Manu

            Comment

            • #7

              #7

              Re : Power of Attorney

              Mr. manukrts
              .
              The problem is not complicated you are confused
              .
              As per law if a Land owner or a power agent dies, automaticaly the GPA expires. Then you have to sign a new GPA with the Late Owners Legal-heirs. A PowerAgent cannot give powers to anyone.
              .
              I hope you understand
              .
              Now tell me your problem

              Comment

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