Tejas (others) 13 July 2010

stampduty & registration of SPOA

If someone could help regarding this

A lady residing in mumbai , maharashtra having share in ancestral property which is being sold is going out of India … from end of july 2010 to dec 2010….

she desires to appoint her mother to be her attorney during that period….

and if the sale of the property takes palce… to sign the sale agreement / deed and receive money on her behalf

in this case ..

Can she draw a special power of attorney and appoint her mother for this specific transaction ??

Can she include a time clause that the spoa will be valid from date of signing the spoa till 31^st dec 2010 or completion of sale whichever is earlier ??

What will be the stamp duty payable ( value of stamp paper ?? ) on spoa given to mother and will this special power of attorney given need to be registered with sub-registrar or just notary will do ??

thank u ...

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3 Replies

Baskaran Kanakasabai (entrepreneur) 13 July 2010

The proposed Land Titling Bill 2010 the full text of which is posted in the files section says u/s 57:

57. Powers-of-Attorney to be compulsorily notified

It will be incumbent upon the parties concerned to intimate the Authority, in the manner as may be prescribed, all the powers-of-attorney authorizing the agent to sell or develop or construct the immovable property situated within the notified area or to deal with it in any manner having an impact over its title and all the agreements-cum-general-powers-of-attorney, and to obtain a certificate of its recording

You may post the query in the experts section as to get to know about the status of the existing law in this regard.