Gpa in maharastra - for land in tn
Mahesh
(Querist) 24 March 2014
This query is : Resolved
Can land title and POA experts please respond to my question in the forums at below link.
http://www.lawyersclubindia.com/forum/Gpa-in-maharastra-for-land-in-tamil-nadu-99621.asp#.Uy8sz_mSw4l
Mahesh
(Querist) 24 March 2014
Re-pasting my situation \ question here.
Hello Experts,
My situation is like below.
I am purchasing a property located in Tamil Nadu from a senior citizen couple who live in Maharastra in my wife's name. Seller cannot travel to TN due to age.
We got sale agreement and SPOA in my name notarized (via notary ledger) via a notary.
When we went to sub registrar office in Maharastra to register the SPA (power of attorney) document, the officer said he cannot register the document as the term "admit execute" or "admit execution" is not present in the language of the SPOA document we had prepared. (special power of attorney). He further clarified that the sale deed also has to be signed by the "seller" along with giving the SPOA to "admit execute" sale deed in TN registrar office to me, since i was only a 3rd party and not family member of seller to sell on their behalf, I.E i can only represent to execute the sale deed signed by them.
I have also now read elsewhere that 4-5% stamp duty has to be paid on property value in Maharastra for immovable property to register POA's. Is this correct?
TN requires POA to be registered and notorized. Please advice.
Modify below Format -
www.aadisol.in/aca/sa/forms/1058.doc‎.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
The questions are very lengthy and too many questions are raised, be a little brief and precise to what your actual problem is so that it can be addressed with the legal solutions accordingly.
krishna mohan
(Expert) 26 March 2014
It is understood that you will be special power holder to register the property in your wife name and for this Mumbai registration authorities advise you to pay 5% as stamp duty. It looks you did not check up at Tamilnadu whether the POA registered is acceptable. Have it verified before you proceed. It looks simple to me to take the seller by air if he finds travel by road is not possible to Bangalore and by road to hosur to complete the transaction in a simple way without any legal complication and still it may cost less than the POA registration value.
Mahesh
(Querist) 19 April 2014
Thank you experts for your responses. Though i will post this update to close the thread.
1. There is a provision to give special POA to someone to "witness" or "admit execution" of sale deed and to take care of required documentation work for a remote seller. For this they charge only Rs.100 in Maharastra officially. The actual seller has to sign on the sale deed, but need not be physically present at sub-registrar where property is located for registration this way.
2. Any POA must be registered with local authority of seller, to be accepted in TN. Notary wont work. They also claim they will accept it only for a month from the time it was registered.
3. Under above provision the seller who cannot physically come to another city\state can sign the sale deed and give POA to someone else for to "witness" or "admit execution". In my case my wife and the seller signed the sale deed and i witnessed it using the POA registered at Maharastra.
4. I had reviewed the POA format with local sub-registrar before going to Maharastra. Changes were made in the template in the above link to remove all wordings and lines related to "right to sell", collect money etc, and changed it to "admit execution", "witness" of "sale deed i have signed" etc.
5. The POA was recently accepted at the sub registrar where property is located, and the registration process is complete, though i am awaiting the final document which can take up to 3 weeks.
Tip :
1. From my knowledge "large tips" were expected to make anything happen. Unfortunate. Hope things change for the better.
2. Please collect notarized id\pan card proof of seller and their witness.
3. Leave sale date blank in the sale deed to be filled in later. Dont forget to get it signed by seller when going to register POA.
4. New Sale deed should mention POA details clearly.
5. Better go through well established law firms, or experience stamp vendors to make it happen quickly.
All the best.
