blrguy 29 May 2016

Is registration needed for this special power of attorney?

I am an NRI creating Special power of Attorney to my mother-in-law and sister-in-law in Bangalore India to access my vacation home in Bangalore, India for maintenance and repair work at regular intervals (in my absense).

This SPOA is for 11 months, and anyways do NOT involve sale of this immovable property. So, should I register this SPOA in subregistrar office near my vacation home? Or will mere notarization here at USA would suffice?

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 May 2016

SPAs that are not registered will have no legal validity.

blrguy 29 May 2016

Mr. Rama chary,

I understand your point and was in same impression. I have no issues in getting the SPAs registered. But I did go through the following article from a lawyer in Karnataka - https://www.legalserviceindia.com/articles/Registration.htm

As per this article, only GPA/SPA involved in sale transaction of immovable properties needs mandatory registration. So, its confusing.

Few article mentions SPA requires registered. Where as few other says not needed, but only mandatory for sale of immovable properties. Is the article that I am refering to is outdated, and the new rule is to register all the SPAs?

blrguy 29 May 2016

Here is the link detailing about whether registration is absolutely necessary or not. This is a Govt. of Karnataka link.

https://202.138.101.165/karigr/faq/registrationofdocuments.htm#3

Since, my SPA to my in-laws is for (a) maintaining the house ( by cleaning and performing necessary repair work) and (b) Can stay over-night in my vacation house as security watch, Does this SPA qualify for registration?

Ans

Which are the documents requires to be compulsorily registered?

1. Gift deed of immovable property.

2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;

4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent;

5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A