Power of attorney
Keshav Rao N
(Querist) 12 June 2017
This query is : Resolved
While availing a home loan from a Bank 4 of us created a mortgage.The loan has been fully paid.My 3 sons who executed the mortgage are not in town.The Bank has to release the mortgage for which they require presence of all the 4 of us. I can get a POA from my sons to execute the necessary documents,but my query is:
Will this power of attorney be a simple one for purposes of executing the documents and receiving the title deeds from the Bank OR construed as dealing with landed property hence requiring a GPA for which ad valorem stamp duty has to be paid and needs to be registerd?My take is that since there is no transfer of ownership by my sons the POA should not attract advalorem stamp duty etc.I need experts guidance.
Guest
(Expert) 13 June 2017
In fact your question seems to pertain to some academic query, as if no real problem.
However, if there is any truth in your statement, that all depends upon whether you want POA solely for the purpose of getting the papers released from bank or for dealing with all the issues pertaining to the property for future also.
That you & your sons have to decide, not anyone of the experts.
Keshav Rao N
(Querist) 13 June 2017
Dear Shri Dhingra,
Not an academic question,its real life.As one of my sons is in the armed forces,the other is out of country and the third is out of the state I queried to find a way out.The POA will be solely for getting the mortgage lifted and retrieving the originals from the Bank custody.A local lawyer had a different opinion so I thought I should have the benefit of more experienced legal experts.Thank you.
Guest
(Expert) 13 June 2017
I have already expressed my opinion on the need based POA also.
Keshav Rao N
(Querist) 13 June 2017
Thanks.I will proceed with obtaining Special Power of Attorney from my sons.Hopefully the Registrar will accept the same without raising queries.
Guest
(Expert) 13 June 2017
You are welcome.
Kumar Doab
(Expert) 13 June 2017
Thee very able senior counsel of unshakable repute and integrity at your local location specializing in revenue matters that deal daily with O/o Registrar is not expected to tender an advise that you may feel is Otherwise.
The O/o Registrar that has well laid rules can also guide sufficiently.
Guest
(Expert) 14 June 2017
Dear Keshav Rao,
Have you been able to understand anything from the advice of an imposter, Kumar Doab (without real identity, real name, photo & location even), when he said, "Thee very able senior counsel of unshakable repute and integrity at your local location specializing in revenue matters that deal daily with O/o Registrar is not expected to tender an advise that you may feel is Otherwise"?
IF NOT, you can feel free to ask him, what does he mean to say, i.e.,
1) Whether is not a counsel?
2) Whether he is not of an unshakable repute?
3) Whether he lacks integrity?
4) Whether he does not have any specialization in revenue matters?
5) Has he not been able to understand even a bit of your very simple problem of the nature of POA required to serve your purpose?
6) Whether he wants to recommend you to consult some specific counsel of his choice to whom he may be a tout?
IF HE AGREES ON ANY OF THE ABOVE 6 POINTS, WHAT FOR HE IS HERE AT THE LAWYERS CLUB INDIA AND WHAT WAS HIS SPECIFIC PURPOSE OF MAKING SUCH A CONFUSING POST?
ALSO, if he believes that the o/o the Registrar has well laid rules on power of attorney, as he said, "The O/o Registrar that has well laid rules can also guide sufficiently," and knows about that, WHY HE COULD NOT POINT OUT THAT SPECIFIC RULE FOR YOUR GUIDANCE AND WHY HE PREFERRED TO RUN AROUND THE O/O REGISTRAR, WHERE NOBODY WOULD LIKE TO COOPERATE YOU WITHOUT CHARGING HEFTY MONEY?
Still further, you may also ask him that if he is really an expert, why he is not coming forward with his real identity, real name, photo and place of location at the LCI.
Please be informed, it is his habit to always mislead and confuse the authors of the problem with his wrong, misleading, time wasting and costly type of suggestions.
TO MISLEAD PEOPLE PROFUSELY, EVEN HE HAS WRONGLY STATED IN HIS PROFILE THAT HE BELONGS TO THE ORGANIZATION OF LAWYERS CLUB OF INDIA, WHEREAS HE IS SIMPLY A MEMBER SUBSCRIBER AT LCI JUST LIKE YOU & ME.
Dr J C Vashista
(Expert) 14 June 2017
I agree with expert advise of Mr. PS Dhingra, obtain a SPA from your sons and seek the mortgaged title documents back from the Banker.
Guest
(Expert) 14 June 2017
Dr Vashista ji,
Thanks for agreeing with me.
Rajendra K Goyal
(Expert) 18 June 2017
May proceed by getting SPA as advised by the experts.
