Poa registration laws in gujarat regarding sale of land
Anand
(Querist) 20 October 2012
This query is : Resolved
I am looking for some particular information regarding validity of property transfer using Power of attorney in the state of Gujarat:
Important info:
POAs signed abroad on Indian stamp paper in the presence of a foreign notary in 2000
POAs signed by a Gujarat notary in 2007 in state of Gujarat in a district other than where the property is located.
First Sale actually took place in 2001 and a second time sale of property with transfer of physical possession was in 2007, this sale was never reigstered.
Questions:
- is POA registration compulsory in state of Gujarat when used for sale and transfer of immovable property during the years noted.
- If it is compulsory, is there a time limit by which they have to be registered from the date they were signed?
- What constitutes a "registered" POA in the state of Gujarat? i.e. Does it have to be registered with a sub-registrar in order for it to considered legally registered in Gujarat, or is notarization in the state of Gujarat sufficient even if not notarized in the same district as where the property is located?
- If notarization is an acceptable form of registration in state of Gujarat,can you please provide a legal citation as to where I can obtain this information in writing online that would be recognized in a court of law in Gujarat?
Thank you for your time.
niranjan
(Expert) 21 October 2012
The Govt.of Gujarat has inserted sec.17aa in RegistrationAct and has made poa compulsory for registration. Notarized poa is as good as un-registered.Any document written on stamp paper has tobe registered within 4 months.
Raj Kumar Makkad
(Expert) 02 December 2012
1. Yes.
2. within 4 months
3. To be registered with Registrar.
4. No question arises.
