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amit (founder)     09 December 2010

Power of Attorney

Hi, I want to know if power of attorney is not registered in land related matter,but only notarized. Will POA consider as valid POA? Can notarized POA got authority to further provide POA to third party? What are limitation of notarized POA ?



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 6 Replies

Abhishek Marvi (ADVOCATE)     09 December 2010

NOTARIZE P.O.A. IS CONSIDER FOR VALID P.O.A.ANY P.O.A. NOT GIVE AUTHORITIES TO THIRD PARTY TO DO SOME WORK.

amit (founder)     09 December 2010

thanks, You mean to say noterized POA can not give POA to third party.

N.K.Assumi (Advocate)     09 December 2010

In matter of immovable property you have to registered the instruments before the District Sub Registrar where the land is situated and not registration of POA.

Satish .J.Agarwal (Advocate &Legal Advisor)     10 December 2010

the power of attorney is valid in case of  power to deal with immovable property provided the proper stamping is done to the instrument.If the power of attorney is given by a relative to the relative than only Rs.500/- stamp paper is sufficient .In case of power of attornet to others the stamp paper should be of 5% of the property value.

mohammad riyaz khan (advocate)     14 December 2010

power of attorney holder does not have the power to delegate the powers. this has been discussed the latest judgment of Mannkaur.

nishad (Asst.Manager Legal)     05 January 2011

An Agent cannot further sub delegate and it remains one of the basic principles of Agency.Besides, U/r S.33 and 34 of the Indian Registration Act,a POA has to be compulsorily registered if the same is used for admitting the document relating to immovable property for registration.However, there is a very recent SC judgement on the subject which exempts such compulsorily registration.


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