Stamp paper purchase

Stamp Paper should be bought in the name of Principal/donor,who want to execute a POA.The term ‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable

A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the Redistrar, Notary or Magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

i think as per recent judgement rendrered by the SUpreme Court, there cannot be any Transfer of Title of Property with respect to GPA sale transactions

Thanks for the reply Sir

Actually my wife has given POA to me for purchasing a house whereby when i went to purchase the stamp paper for executing the registration deed they said in whose name this stamp paper is to be purchased i.e in my name (POA) or in my wife's name (actual owner). So as per my understanding I should buy stamp paper in my wife's name and pay the stamp duty for the same.

i think as per recent judgement rendrered by the SUpreme Court, there cannot be any Transfer of Title of Property with respect to GPA sale transactions

Stamps will have to be purchased in the name of seller.  For POA buyer has to to purchase in his name and second party name will be holder.

The Power of Attorney Act is exist and now in force ,there is no statute laws has been changed,one can transfer his/her property by POA,Hon;ble Supteme Court comment for misuse the POA.

The Powers- Of- Attorney Act, 1882
THE POWERS- OF- ATTORNEY ACT, 1882

ACT No. 7 OF 1882 An Act to amend the law relating to Powers- of- Attorney.
[ 24th February, 1882.]
For the purpose of amending the law relating to Powers- of- Attorney; It is hereby enacted as follows:-

INDIA CODE, VOL- IIIA.

1. Short title.- This Act may be called the Powers- of- Attorney Act, 1882 . Local extent. It applies to the whole of India 1[ except the State of Jammu and Kashmir]; Commencement. and it shall come into force on the first day of May, 1882 .
1A. 2[ Definition. In this Act," power- of- attorney" include any instrument empowering a specified person to act for and in the name of the person executing it."
2. Execution under power- of- attorney.- The donee of a power- of- attorney may, if he thinks fit, execute or do any 3[ instrument or thing in and with his own name and signature and his own seal, where sealing is required, by the authority of the donor of the power; and every 3[ instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers- of- attorney created by instruments executed either before or after this Act comes into force.

supreme court on POA

Grateful for the clarification Bhadra Sir.