Unregistered power of attorney.
Y Singh N Rajput
(Querist) 24 January 2014
This query is : Resolved
My younger son wanted to buy some immovable property in India in his name. He, at the time of sell/purchase was in UK. He drew a power of attorney deed duly signed my Attorney in UK, in favour of his elder brother who was in India. The POA was not registered in UK but in India.
Is it mandatory in Gujarat to have registered POA? In other words, whether his elder brother can buy immovable property for younger brother under registered POA that was drawn in UK?
ajay sethi
(Expert) 24 January 2014
for purchase of any immovable property it needs to be registered .registrar wont accept any sale deed for registration unless power of attorney is registered
Devajyoti Barman
(Expert) 24 January 2014
Well unregistered POA is very much valid in India if the same is executed by the Principal abroad and the same is duly notarised there and attested by the Indian Consulate also.
In India the same unregistered POA will do everything after it is made Adjudicated from the Collector's office.
Rajendra K Goyal
(Expert) 24 January 2014
You have said that POA was registered in India, what procedure was adopted for it? Was it executed before authorized officer of Indian High Commission, was stamped and registered in India as per procedure? If due procedure was adopted it is a valid POA.
Contact a local lawyer and show him the document.
Y Singh N Rajput
(Querist) 25 January 2014
Please refer to POA at GoogleDrive..for your comments.. I would like to know whether there is a flaw?..
https://drive.google.com/file/d/0B3x76fvkMPq6Njl4UHBfd1Y5NnM/edit?usp=sharing
Y Singh N Rajput
(Querist) 25 January 2014
The problem is not with the Registrar.. Sale DEED made, proper stamp duty paid. The problem is Circle Officer, i.e., Mamlatdar office. The name of land record is pending for some flaw in POA. I am attaching the Form 6 - objection ..This document is in Gujarati..
https://drive.google.com/file/d/0B3x76fvkMPq6eGtlSlVNWHIzUjA/edit?usp=sharing
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
Yes, as advised, a local advocate can be of help to you on seeing the papers and understanding the situation, will be able to guide you properly.
uttamtibrewal@yahoo.com
(Expert) 24 January 2014
