Is registration mandatory for general power of attorney ?

Dear mr Ravi 1) it can be either but depends on the content of the POA 2) Mandatorily it has to be registered. 3) Principal and agent needs to be present before registrar office to execute the POA (according to recent procedure). In some areas they accept either principal and agent for registration. Also check with the reg office for stamp duty and registration charges. Thanks, Chellapandian k

There is a difference between General and Special POA. The document is required to be read.

Registration of GPA/ SPA is optional. 

Sir,

I want to know few more things.

The owner has given GPOA to the person who has signed the sale deed with me.

In GPOA, it say's that GPOA has the power to execute his property.

So. should I require a SPOA.?

It is a RESALE property. 

dear mr Vashista, In line with the facts of the case my first point in the reply is absolutely correct. Coming to the registration of POA , Iam shocked. According to books it doesn't needs to registered, no procedures in these days will entertain a unregistered POA for transfer/sale or any alienation of property. Practically speaking my all 3 points to this facts are perfectly correct. Thanks, Chellapandian.k

The power of attorney ( GPA)  needs to be registered by the executant at his place and the same need to be entered in the records where property is registered. If the executant of GPA passes away before any action is taken the GPA also lapses and POA holder can not execute any transaction.

For registration of GPA just you executant can spend Rs.100/- or so. Please verify with Sub-Registrar.

Dear Mr. Chellapadian,

As I stated registration of POA is optional noting to be shocked. According to books it doesn't needs to registered.  

After historical judgment by Supreme Court in the case "Surya Roshni Ltd. Vs. State of Haryana" public has become cautious to  entertain an unregistered POA for transfer/sale or any alienation of property.

Dr. Vashista is right by his opinion that the POA registration is optional, can Mr. Chellapandian quote the rule/section/provision of law that requires the POA registration is mandatory for the benefit of everyone?.

@Ravi:  Your question is that the POA on the basis of power given to him by the principal entered into sale agreement with you to sell the flat?  If so, what is your question?, why do you want one more power deed on your name to buy the property?,  A power of attorney cannot delegate his powers to another agent/attorney empowering him to sell or alienate the property on behalf of the original principal.  first make yourself clear about what you want to clarify or contact a local lawyer with all the papers, seek his opinion and proceed accordingly.

Dear mr kalaiselvan and dr Vasishta, Really sorry if sounded different in my earlier replies. My sincere apologies. My true intention was to provide practical solution to the issues and not to hurt my learned friend's opinion. If you could kindly read through my second reply , I have clearly said that there is no rule or provision warrants you for registering POA but with the standing orders that is been circulated by registration dept to the registrar offices in recent days have clearly instructed not to accept unregistered POA for transfer/sale or alienation of a property. Thanks, Chellapandian k

Dear mr kalaiselvan and dr Vasishta, Really sorry if sounded different in my earlier replies. My sincere apologies. My true intention was to provide practical solution to the issues and not to hurt my learned friend's opinion. If you could kindly read through my second reply , I have clearly said that there is no rule or provision warrants you for registering POA but with the standing orders that is been circulated by registration dept to the registrar offices in recent days have clearly instructed not to accept unregistered POA for transfer/sale or alienation of a property. Thanks, Chellapandian k

Dear Queriest,

 Original owner of the flat  had given a General POA to the person who has done agreement with you in order to sell a flat.

 

1) Would I need a Special POA in this case or a General POA would do ?

Ans :  If POA  includes essential  details of the flat/property to be sold by you  as tAttorney, no Sp. POA is required.

2) Would the POA need to be Registered ?

Ans:  Since it is immoveable porperty passing from one hand to other through POA,  it  must be registered.

3) what would be the correct process of Registering the POA ?

Ans:  You may approach for  Registration of Sub-registrar  Office having jurisdiction/area for the purpose. Adv. Jeevan Patil