POA on medical grounds
Milind Phope
(Querist) 26 December 2010
This query is : Resolved
Does Power of Attorney made on medical grounds for transfer of immovable property is essential to be attached by Doctors Certificate and two witnaesses ? is it must ? ?...and secondly, is this POA required to be registerd before the submmition of transfer deed for registration ?
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Miling,
Welcome once again.
The power of attorney can be given on any grounds by the author. Even for the sake of convenience and as a matter of expediency one can give the GPA/SPA in favour of anybody that one chooses. Even when the reason for giving GPA is on medical grounds, there is absolutely no need to attach any Doctor's certificate at all.
There is no compulsion for registering the Power of Attorney. But at one's option one can have the Power of Attorney registered. But once the power of attorney is registered, whenever the Power of Attorney is to be revoked, then the same has also to be suitably got registered.
So long as the original owner would be approving and ratifying the acts done by his Power of Attorney holder, then it is OK. It will be OK if the transfer deed is registered.
R.Ramachandran
(Expert) 26 December 2010
Sorry there is a typo. Instead of Milind (I had typed Miling)
N.K.Assumi
(Expert) 26 December 2010
It is not necessary that the doctors certificate should be attached provided the donor and the donee execute the same in good faith and in sound mind. Yes, it needs registration as it relates to immovable property.
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Assumi,
Under which Section of the Registration Act, the registration of the Power of Attorney is compulsory?
N.K.Assumi
(Expert) 26 December 2010
Section 17 of the IRA read with section 49 of the act.
R.Ramachandran
(Expert) 26 December 2010
According to Section a document is required to be compulsorily registered only when any interest in the immovable property is created / given up. In this case, merely by giving a POA no interest is either created or given up in any immovable property. Therefore the POA does not come under the purview of Section 17 and consequently would not require compulsory registration.
N.K.Assumi
(Expert) 26 December 2010
If Milind, does not transfer immovable property to create an interest by executing POA, what is the use of POA for cenveying the immovable property? Milind claerly use the expression transfer of immovable property by executing POA which means transfer inter vivos within the meaning of section 17 (b) otherwise there is no need or requirement for POA.
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Assumi,
The POA itself is not transfer of immovable property. But POA only authorises a person to transfer the immovable property. Thus when the authorisation per se does not require compulsory registration, the subsequent act of real transfer of property (by the POA) in favour of the purchaser is compulsorily registrable since it creates a right in an immovable property in favour of the buyer and extinguishes the right of the seller in the immovable property. Granting of POA is one thing and execution of a sale deed using the POA is quite another. While the latter requires compulsory registration the former does not.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2010
Very good discussion , some states have moved in this field to clear gray areas.
In Maharashtra any POA regarding any immovable property has to be registered and further taxes have to be paid to be ajdusted in final sale price.
Milind Phope
(Querist) 26 December 2010
Dear Mr.R.Ramachandran and all other experties,Thanks for the discussion done on this matter.....The fact is...The said POA is made by POA-holder,pressurising the Principal (Who was bed-ridden),to sign and to create POA-holders interest, in the Principal's property as half-owner of this property.The POA-holder has also got this POA notarised,in notary's office.This Notary,has never seen or met the principal.Notary register contains only the POA-holders signature and NOT the principals signature.No Doctor No witnesses..Later on this POA is used for registering the Lease-deed on both names.In this case, NOW PLEASE LET ME KNOW THE LEGAL STANDING FOR ALL THIS, KEEPING ABOVE ASPECTS IN MIND.
N.K.Assumi
(Expert) 26 December 2010
POA effecting charge on immovable property of statutory value should be registered except in the case of such transfer by POA is for the collection of rents of immovable property or transfer by mortgage etc. Regarding Notary notarizing without seeing the principal executing the documents is a very grave error on the part of the Notary Public, and it is a fit case for canceling his license by the State.
R.Ramachandran
(Expert) 26 December 2010
DearMr. Milind,
Before further proceeding to give any view whether the POA requires registration or not, would it be possible for you to make available the contents of the POA by suitably marking 'xxx' and 'abc' wherever the name of the parties appear in the POA and '....' in places where the property / address appears, so that the contents of the POA can be gone through and a view could be given.
Milind Phope
(Querist) 26 December 2010
Dear Mr.R.Ramachandran,
The POA was attached with the surrender deed and then both were registerd togather.
The case of forged signature of the Principle is also in channel,for the criminal investigation regarding this POA.
so give me some time to procure permmission from the Police dept to make the contants ( after blocking the identities of persons and places) available on this colomn.
Till then I Thank, all of you.Also I wish all of you a happy and successful new year to all of you,Regards.
Gulshan Tanwar
(Expert) 28 December 2010
Fully agree with Ld. Ramachandran, correct explanation.
