Power of attorney
Mani S
(Querist) 24 January 2014
This query is : Resolved
My daughter in law in Mumbai is buying a property in Chennai. Since she is not able to travel, she is interested in executing a General Power of Attorney to my wife (her mother in law) to do everything on her behalf. I am told that such a power registered in Mumbai is valid for registration of property in Chennai. Can she execute such a power to be registered in Mumbai without the presence of the Power agent who is in Chennai.
Devajyoti Barman
(Expert) 24 January 2014
Generally POA executed somewhere else than the place of property is not enforceable.
So before executing such POA make a cross check.
Mani S
(Querist) 24 January 2014
Thanks Mr. Devajyoti Barman. From my experience, it has not been so. Powers have been executed elsewhere and used for buying and selling property elsewhere. The whole purpose of power is because one is not able to be physically present where and when needed. So it should be possible to execute a power at one place on another who is at another place. I request other experts' opinion
Rajendra K Goyal
(Expert) 24 January 2014
How the signatures of Agent on POA would be taken ? Now in most of the Registration Offices the photo and signatures of principal and agent are taken at the time of registration.
Devajyoti Barman
(Expert) 24 January 2014
You better get information from Chennai registration office whether such type of POA would work or not.
At least in WB such POA has no force.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
Generally a power deed executed elsewhere for the property situated in Chennai is accepted at the Registrar Office in Chennai. In case they insist on authenticity, the same may be notarized once again by a Notary Public in Chennai, which will solve he issue.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
Power deed executed on Mumbai for the property situate in Chennai is valid and she can proceed with it, in case of any objection at Chennai registrar office, the deed can be notarised by a notary public in Chennai by making the agent sign once again in front of the notary and may be submitted which will not be objected.
Mani S
(Querist) 27 January 2014
Thanks to Mr. Kalaiselvan and Dr. Vashista. I am clear of the procedure in Chennai - having personally verified with Chief Registrar of Stamps - that any PoA issued from abroad - if notorised or attested by Indian Embassy - needs to be adjudicated (to get a document number) in a registrar's office in TN. If PoA is registered - with a document number - anywhere in India it can be used in TN without adjudication. Because of stamp duty differences between states for PoA, some registrar's on their own are asking for adjudication of even registered PoAs. My earlier question is different. "Can a POA be executed / registered in Bombay without the physical presence of the power agent"
R.V.RAO
(Expert) 30 January 2014
i agree with sri kalaiselvan
