Power of attorney

25.08.2012

Dear Mr. Yunus

Since you will not be in INdia during purchase of the property, you can definitely give a "SPECIFIC OR SPEACIAL POWER OF ATTORNEY" to do the job for and on behalf of you. However, please do rememebr that the as per POWER OF ATTORNEY ACT in force, the same has to be registerd. Mere notarizing shall be invalid as well not legal. Get the help of a good and competent advocate and make him accounatble for the text to be written in the POWER OF ATTORNEY (POA). Whatever asssignment or power you give to your representative has to be very accurate, brief, logical, undisputable and specific. Read the draft of the POA carefully and in depth. I would remind you once agian that to purchase or sell any property the POWER OF ATTORNEY   must be registerd with the concerned departmnet like the 'Registrar of Asuurances" or as the case may be.  

Sriprakash Bhattacharya, Kolkata

bhattacharyasriprakash@gmail.com

Thanks !! Mr. Bhattacharya

Is anyone having format of General Power of attorney to be executed from Muscat on behalf of my brother who is residing in Maharashtra ?  I will get it attesed from Indian ambassy and the same can be registered by my brohter.  Can any one having format of GPA 

Dear Mr. Yunus,

Plesae note that the GPA can not be attested by the embassy of India at Muscat till such time the same is completed. GPAs can be endorsed by the NOTARY of  the country MUSCAT. There is no bar on it. It is not mandatory to get registered the GPAs unless and until you give power to deal with properties in it. Once you talk about properties in the same, it has to be registerd otherwise the GPA / POA is invalid. Please also note that it is not necessary that the GPA / POA (including special or specific) have to be registerd in INDIA. You may get it registered at the Embassy of India in MUSCAT.

I can definitely provide you a format of GPA but you have to give me some time.

Sriprakash Bhattachartya

Handset::- 91+9836310615

bhattacharyasriprakash@gmail.com 

Refer judgment delivered in Oct, 2011 by Supreme Court of India, whereby sale transactions on the basis of Power of Attorney is prohibited.

“Transactions of the nature of `GPA sales¿ or `SA/GPA/WILL transfers' do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property.

“The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property.

“Such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records,” Justice Raveendran, writing the judgement, said.

The apex court said the amendments to stamp and registration laws by various states do not address the larger issue of generation of black money and operation of land mafia and hence there was a need to reduce the stamp duty though it may result in loss or revenue.

“When high stamp duty is prevalent, there is a tendency to undervalue documents even where sale deeds are executed.

The apex court said the Delhi High Court was wrong in upholding the validity of GPA sales in the Asha Jain case(2001).

“Such decisions to the extent they recognise or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law.

“We, therefore, reiterate that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance, Justice Raveendran said.

The apex court, however, clarified the sale and other transactions entered through GPAs and Wills till date (at the time of delivering judgment) will not be affected by its today’s orders and will be treated as valid agreements.

“Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said `SA/GPA/WILL transactions may also be used to obtain specific performance or to defend possession,” the bench said.

Mr.Yougesh,

                        I think there is a confusion - in understanding the matter at hand. It is not POA sale - it is merely a case where a person is wanting to purchase property through normal regn process through a power agent, that's all.

Dear Mr, Rajasuriya

Mr. Yougesh is correct so I am.

Sriprakash Bhattacharya

Dear Mr. Rajasuriya,

The judgment delivered by Apex court is aptly clear. Neither a person can sell nor a person can purchase a property by way of Power of Attorney.

Apex court has clearly stated that "a transfer of property by way of sale could only be by a sale deed." "In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," the bench said."