Execution by special p/a holder in sale of house property in gujarat
Rajendra C Vyas
(Querist) 23 September 2015
This query is : Resolved
I want to purchase flat/house property in vadodara Gujarat. Two sellers husband and wife in USA given special P/A in favour of mother-in-law and mother (same person) to execute register sale deed. Whether it is valid. Any special procedure required?
P/A is executed and notorised in Verginea USA
R.K Nanda
(Expert) 23 September 2015
Consult local lawyer.
SAINATH DEVALLA
(Expert) 23 September 2015
Registration of the SPOA is must for this deed of power of attorney, as under Section 17 of the Indian Registration Act, 1908 it is required that all non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immoveable property, must be registered for ensuring its legal validity.
Rajendra K Goyal
(Expert) 23 September 2015
Get all the documents verified from local lawyer.
Rajendra C Vyas
(Querist) 24 September 2015
Thank you for your reply shri devalia saheb.
What will be the stamp duty for registration of this power of attorney.
What will be the effect if the same is not registered and sale deed is registered on execution by P/A holder. Whether sub-registrar will do that and is liable for that.
What will be effect/future repurcation if P/A registered with improper stamp.
SAINATH DEVALLA
(Expert) 25 September 2015
legal consequences arise in future
Rajendra C Vyas
(Querist) 28 September 2015
What will be effect if p/a registerd with lower stamp. Whether sub-registrar responsible for this.
