Power of attorney regarding
Ramesh
(Querist) 08 July 2013
This query is : Resolved
Sir,
I have a property at coimbatore and I am residing in
chennai. I want to give power of Attorney to a
person for selling. Myquery is
1. Should the Power be registered to make it valid
2. Can the Power be registered in chennai eventhough
the property is in coimbatore.
Regards,
Ramesh
Advocate M.Bhadra
(Expert) 08 July 2013
You can execute a POA in Chennai by a registered deed.
Powers of Attorney Act, 1882
SEC.2-- Execution under power-of-attorney
The donee of a power-of-attorney may, if he thinks fit, execute or do any 3[* * *] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every 3[ * * * ] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force.
Different judgments:--
A Delhi HC ruling permitting power of attorney sales may impact the govt's revenues due to the difference between stamp duty rates in a sale deed and a GPA sale.
ransfer of Immovable Property is generally affected through two modes: One, through a sale deed executed between the buyer and seller which attracts stamp duty of 6% (approx.) of the sale price of the property, and second, through execution of a general power of attorney (GPA), agreement to sell and will by the seller in favour of the buyer, which attracts a significantly lesser stamp duty. In both cases, the executed documents are registered with the competent authorities under the provisions of the Registration Act, 1908. Transfer of Immovable Property through a GPA Sale has been a contentious subject for some time now.
In 2012, the Supreme Court of India, in the case of Suraj Lamps and Industries (P) Ltd vs State of Haryana, among other things, expressed certain reservations as regards the validity of a GPA Sale in situations where the transactions were not genuine, pursuant to which, the Delhi Government issued a circular dated 27 April 2012 directing the relevant registration authorities not to register any GPA Sales in Delhi. As a result, no transfer of immoveable property could take place in Delhi on the basis of a GPA Sale. This move witnessed a significant drop in the number of sale transactions in Delhi.
Recently, the Delhi High Court, in the case of Pace Developers and Promoters Private Limited vs Government of NCT and Others, while analysing the Suraj Lamps case, quashed the Circular and held that a transfer through a GPA Sale was permissible in genuine transactions. The court also held that it was open to the registration authorities to examine the authenticity of a transaction before registering the documents.
Raj Kumar Makkad
(Expert) 09 July 2013
Property can be transferred only by a registered POA holder so get it done and it can definitely be got registered even from your present place of residence.
