Poa verification
mukesh
(Querist) 23 October 2011
This query is : Resolved
Someone(A) is unable to come to complete process of sale deed registration.He gives POA to complete this formality to his trusted person(B).The POA is notarized.In GUJARAT now it is compulsory to verify this POA by the Dy.collector, stamp duty registration department. How the Dy.collector verify!!! here is the sample.
1 First he demand an extra affidavit that Mr.A is alive and given this POA willingly.
2 If MR.B has blood relation with Mr A than it is O.K.Otherwise they will have to pay a large amount to verify the POA.
3If there is no money given to B than its O.K. Otherwise ready to pay a large amount to verify the POA.
In short all powers given to dy.collector without legal rules or laws.I have inspected all the records under RTI.In so many same cases somewhere the Dy. collector verify the POA without extra duties.In some other cases the officer ordered to pay a large amount. All upon his own wish. How is it possible? What should I do? I have asked so many questions to the officer under RTI they haven't give reply.
Devajyoti Barman
(Expert) 23 October 2011
First check whether the DY Collector has such discretionary power or not.
If yes then he can fixes such duty and though you can challenge such act by filing Writ but the success of your petition would depend only if you could prove arbitrariness or biasness in his act which is likely to be difficult one.
mukesh
(Querist) 23 October 2011
I have asked the Dy collector if he has such discretionary power under RTI.He didn't reply yet.
Raj Kumar Makkad
(Expert) 23 October 2011
As reply under RTI Act has not been supplied to you so move ahead and file its appeal to next higher official/appellate authority. Information shall definitely supplied to u.
Sri Vijayan.A
(Expert) 26 October 2011
I do not know, whether Dy.Collector has duty to verify it.
Even if he has so, as per state rules, you may ask in specific forms. If any specific formats or applications with specified fees are available, you cant ask and get those information just by RTI.
mukesh
(Querist) 26 October 2011
I have already stated in my question that during my record inspection under RTI,In so many same cases somewhere the Dy. collector verify the POA without extra duties.In some other cases the officer ordered to pay a large amount.After that inspection I have filed the other RTI.In this second RTI I have demanded clarification about all the irregularities I seen there.No info given to this second RTI.I will make appeal or complain to SIC.
But here my question is that if the Dy. collector has powers to do so there isn't any trouble to give me reply.