Greetings Everyone
I am planning to register a 30x40 Revenue site in my name. The situation is like this
Mrs.A 35 years old and Ms.B 9 years old (Mrs.A daughter ) purchased a property in 1995. Since Ms. B is only 9 presented by guardian Mrs. A. The sale deed is executed and Registered in Bangalore.
In 2004 Mrs.A (supposed to be 45 years old but document mentioned as 35) and Ms.B who is 19 years old gave Special Power of Attorney(SPA) to Mr. C. The Special power of attorney is NOT registered, it is issued by NOTARY . It says(Special power of Attorney) clearly
To enter into agreement of absolute sale deed, lease, gift, mortgage etc in respect of schedule property with any persons for any amount, receive advance amount, issue receipt, apply to the competent authority seeking permission to execute such documents, sign all forms, deeds etc, admit execution thereof, receive amount, issue receipts on my behalf.
My question is
1. Is the above mentioned is sufficient to execute the sale deed to register with sub-registrar?
2. I was told this notary issued SPA needs to be certified by District Registrar. If not this Special Power of Attorney is invalid. Is this necessary?
3. To certify the Special Power of Attorney, I need to pay the stamp duty on registration fees and taxes based on the valuation of property in 2004. I checked with the officials it is 250 rupees per square ft . total payment works out to be rupees 26,400. The worst part is the officer told me I need to pay fine. which is approximately 3 lakhs. If I want to avoid making fine I need to take care the officer. Is any fine involved? can you help to clarify?
Appreciate all your support and help. Thank you.
