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POWER OF ATTORNEY

(Querist) 17 May 2009 This query is : Resolved 
My son resides at Bengaluru. He wants to execute a power of attorney POA in my favour for completing formalities of purchase of property in Gujarat like signing agreement to sell, sale deed, registration etc etc. He needs to notarise and register POA at Bengaluru.

Pl let me know if my presence is required for registering POA at Bengaluru or not. Advocate at bengaluru has advised that I should be present during registration of POA at Bengaluru. Pl also confirm if Rs.100/-stamp duty for POA executed in Karnataka is correct and what is registration fee for registering POA at bengaluru.
A V Vishal (Expert) 17 May 2009
Dear Shah,

Your son can execute a POA at Bangalore and the same can be registered at Bangalore itself, your son will have execute the power-of-attorney before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district he resides and send it across to you. POA on a 100 rupees stamp paper is sufficient.
A V Vishal (Expert) 17 May 2009
Dear Mr Shah,

Kindly refer to S 33 Power-of-attorney recognisable for purposes of section 32 of THE REGISTRATION ACT, 1908

(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-

(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government:

adv. rajeev ( rajoo ) (Expert) 17 May 2009
If ur son wants to exeucte the regd., PA then ur presence is necessary before the registar, but ur son is exeucting the PA in favour of u, when PA is exeucted in the name of the blood relation then registratin is not required.Before the notary public executed PA is sufficient. Rs.100/- stamp paper is sufficient.
Swami Sadashiva Brahmendra Sar (Expert) 17 May 2009
rightly advised by mr. vishal
Uma parameswaran (Expert) 17 May 2009
Your presence is not compulsory .Your son can execute a POA in favour of you without your presence.
N.K.Assumi (Expert) 17 May 2009
Members have given cprrect statements of law on the point.
RAKHI BUDHIRAJA ADVOCATE (Expert) 18 May 2009
I do agree with the views of my all ld. friends.
J. P. Shah (Querist) 19 May 2009
THANKS A LOT TO ALL OF YOU WHO HAVE TAKEN PAINS TO GUIDE ME IN SUCH A SHORT TIME.


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