I am negotiating to buy a property in new Bombay. The Seller is holder of Irrevocable Power of Attorney executed on 100 Rs. stamp paper with 2 witness dated 20th March'2003. Is this Power of Attorney Valid?????? can any Ld. Senior Advocate pls confirm the stamp duty payable on POA on that year is Valid???? Without Notary is it Valid POA??????
A V Vishal (Advocate) 23 May 2009
Dear Navin,
Kindly advertise through a public notice through newspaper in atleat two vernacular newspapers to be sure that there is no litigation. Verify whether the principal who has executed the POA if any changes were made. There is no such irrevocable POA, much depends on the conditions stated as per the POA.
Swami Sadashiva Brahmendra Sar (Nil) 23 May 2009
Is registration of POA not compulsory in Maharashtra?
vakil sahab (advocate) 24 May 2009
POA Cannot be irrevocable at all.It remains effective only till the master desires.It should be registered one in case of registration of sale deeds for immovable properties.
V.S.R.Deekshitulu (B.Sc, B.L) 24 May 2009
As far as the law in A.P is concerned if a Power of Attorney is given to sell any immovable property then it requires registration and before any transaction is entered into on the basis of such a Powerm the buyer should ensure that the same is in force and for this he has to secure a letter to that effect fromk the original owner. This is what is called "Purchaser Beware" or "caveate emptor". In other respects I agree with Vakil Sahab.
Swami Sadashiva Brahmendra Sar (Nil) 24 May 2009
I do agree
Y V Vishweshwar Rao (Advocate ) 30 May 2009
I agree with the opinion of Sri Deeksh*tulu
In Some POA the agent will be gettign interest in the Subject proerety by payment of consideration , such POA /GPA is coupled with Power to Sell and creatign interest in the Agent on the Subject of POA - it is charged GPA / this GPA be called as Irrevocable GPA .
R.R. KRISHNAA (Legal Manager) 10 July 2009
The Power of Attorney Act 1882 specifies that it shall be either notarised or registered. In your case both have not occured. Hence you need not proceed.
i have seen the original power of attorney dated: 22/03/2003 on Rs. 100 Non Judicial Stamp Paper duly notarised. But i want to know the fact from the Ld. Senior friend that the POA doesnt have photograph of either party i.e. principal and agent.
from which date the photograph is compulsory in POA in Maharashtra?
If any Circular related to this can i have this from Ld. Senior friends
pls help me
V.S.R.Deekshitulu (B.Sc, B.L) 11 July 2009
Mr Navin
You are again missing the point that photographs are required if the document is taken to a Registrar for registration of a document. In case of contracts and other agreements which do not require registration, photographs will not appear.
As I was opining that in your case the POA requires registration
I cannot say from which point of time Photographs have been insisted at Maharashtra.
Byu
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