power of attorney

Guest (Querist) 20 October 2009 This query is : Resolved
A, resident of Calcutta wants to execute a power of attorney in respect of immovable properly situated in Bhopal, in favour of B, resident of Bombay.

1. Whether he can execute this power of attorney at Calcutta / Bombay or Delhi (completely a new place, where both A and B can meet) or it has to be executed at Bhopal only?

2. Whether attestation by notary is enough or it has to be registered. If it has to be registered where it can be registed?

3. Whether stamp duty and registration charges are leviable on this document?

Thanks in advance.

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Khaleel Ahmed Mohammed (Expert) 20 October 2009
A power of attorney could be executed at three mentioned places.
Attestation of notary or it can be registered.
Yes stamp duty is chargeable.

Raj Kumar Makkad (Expert) 20 October 2009
If the POA contains the power to sale the property then it is compulsorily required to be registered otherwise also it depends state to state whether it is required to be registered or not. because the property is situated at Bhopal so local law of MP shall prevail in such matter. POA can be given at any place. stamp duty as per that particular state is leviable on such documents.

Advocate SK Rohilla New Delhi (Expert) 20 October 2009
I agree with Mr. Makkar

In case of immovable property. POA is required to be properly registered as provided under Indian Registration Act. However, stamp duties being subject of state will be leviable by such state as applicable.