Power of attorney
ROJA shree
(Querist) 02 October 2012
This query is : Resolved
Sir/Madam,
Pls let me know the registration fees and how much it costs exactly for the power of Attorney registration in Mumbai ?
N.K.Assumi
(Expert) 03 October 2012
Depends on Maharasthra State Stamp Act (Amendmnet)
dev kapoor
(Expert) 04 October 2012
Depends,as already replied by EXPERT herein above..................................................................................
Santa asked his co-traveller....Where do you live,Sir?
Reply: Opposite Charminar.
Santa: Where is this Char Minar ?
Reply: Opposite my house !!!!!!!???????
Hemant Agarwal
(Expert) 05 October 2012
1. POA specific for buy/sell "immovable" property, should be executed on 500/- (non-judicial or franked)
2. For above Registration fee is 1000/- in Mumbai
Keep Smiling .... Hemant Agarwal
dev kapoor
(Expert) 05 October 2012
Hi all,
POAs are (i)General Power of Attorney;(ii)Special POA & maybe (iii) POA for sale of immoveable property.The POA can be presented for registration before the SR either by the executant/Principal 0r after he has executed and signed in presence of two witnesses,by any person authorised to "Present the samer for registration".POA executed for the purposes of 'sale of immovable property' must be duly registered & auitheticated by a sub-registrar &/or unless required by a State Registraytion Act, 'attested by a Notary Public".Archana,your qn is ambiguous in view of classification of POAs herein made.
Ordinarily you ought to hv asked "How much Stamp duty" is required to be paid but since you have asked "How much Court fee" is to be paid, makes us to understand that you are not categorical in framing your qn.To say in clear words NO COURT FEE is required for a POA.It is either STAMPS DUTY OR REGISTRATION FEE that may be required.
I do not know what Maharashtra/Mumbai Registration Act/Stamp Duty Act say but an ordinary POA is required to be executed on a Stamp Paper of Rs.50/-(It may be more statewise)But in case of a POA executed for 'transfer/sale of immovable property',where the Principal states in the POA that he has already charged the price of the immoveable property(sale consideration),Stamps Duty is chargeable as is required of a SALE DEED & usual Registration Fee will be charged.Where,however,sale consideration is not charged by the Principal,but he appropriates/evaluates the property being sold through POA,the Sub-Registrar may charge the same SD as in Sale Deed or usual Stamp Duty.In both the cases the vendor will not be doubly charged i.e. Stamp duty will not be charged at the time of executing sale deed.Let it be known that this kind of law is to be interpreted in favour of the people & in the State (No double charging is permissible for the same thing)Although some Sub Registrar(a case of little knowledge) charge SAME STAMP DUTY in POA as well as SALE DEED.This amounts to fleccing the commuters.Such matters should be brought to the notice of Chief Justice of the particular State for proper execercise of power directing SRs to abstain from causing hardships & fleecing the executants etc twice for the SAME PURPOSE.Once Stamp duty equivalent to Sale Deed is paid in POA,the SR will be estopped from charging same again in case of SALE DEED.Sub Registrars should act reasonably without forgetting that they are "Public Servants" & {Public should not be put to unwarranted harassment etc.
Let us not forget Laws/Byelaws/rules etc are made for convenience of the citizen not for harassing them.
