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Power of Attorney (POA) Rules for Property Deals
What is Power of Attorney
Situations when Power of Attorney is Useful
Power of Attorney is a useful method in many property transactions.
For Joint Development of a Property
When the Principal is willing to Develop the property with the help of a Promoter, the PoA comes in handy. This is known as Joint Ventures. In such cases, the Principal cannot rescind the PoA Deed.
For NRIs
Power of Attorney is very useful for NRIs to buy or sell properties. When an NRI wants to buy a property in India through a PoA, he/she need not give the property details in the PoA. This is so because the description of the property will be known only after the property is identified.
Other Situations when PoA is useful
The power of attorney for the land registration process in India can also be used by an individual who is bedridden or ill. Also useful for an aged person with health problems. There may be other circumstances when an individual is unavailable to conduct the transactions.
Life Certificate
Compulsory Registration of Power of Attorney Deed
Power of Attorney Executed Outside India
Where to register the PoA?
PoA shall be presented in the SRO in whose jurisdictional area the property in whole or a portion of it is situated. Or, it can be registered in the SRO where the Principal ordinarily lives.
PoA Registered Outside Tamilnadu
POAs registered in other states can also be used for registering and execution of documents in Tamilnadu. However, in such cases the Registrar shall get written confirmation from the concerned SRO before proceeding with the registration.
Company/Partnership Firm/LLP
Authorising a person to execute and present a document on behalf of a Company/Partnership Firm/LLP by the Partners/Directors cannot be considered as a Power of Attorney. Since, all the Partners/Directors of the Company/Partneršhip Firm/LLP cannot execute a document, it becomes necessary for them to identify a suitable person to execute the document on behalf of Company/Partnership Firm/LLP through a resolution/ authorisation. This resolution/authorisation should be enclosed as part of the document.
A company/partnership firm/LLP can be appointed as PoA.
Can One Sell His Property WITHOUT Annulling the Sale Agreement?
Supreme Court: No Transfer of Title Deed through PoA
Legal Status of Transaction concluded through Power of Attorney
Thus, while POA to avoid payment of Stamp Duty and parking of black money is discouraged, genuine transactions /sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).
Can PoA appoint a Sub-Agent?
Power Agent cannot appoint a sub-agent for registration of document. Consequently such documents shall not be accepted for registration.
I m a power agent, I want to cancel the power without my principal. What is the procedure.
1996-ஆம் வருடம் வழங்கப்பட்ட பவர் ஆஃப் அட்டர்னி பத்திரத்தை வைத்து 2010 இல் ஒரு விற்பனை நடத்தினால் அது செல்லுமா?மேலும் அது ஒரு மதர் கார்டினால் வழங்கப்பட்ட பவர் ஆஃப் அட்டர்னி பத்திரமாகவும் அந்த தாய்க்கு மூன்று மைனர் குழந்தைகள் இருக்கும் பட்சத்தில் 2010-இல் அந்த மைனர் குழந்தைகள் மேஜர் ஆகிவிட்டனர் அப்போது அந்த மைனர் குழந்தைகளுக்கு தெரியப்படுத்தாமல் அவர்களது ஒப்புதலும் இல்லாமல் 2010-இல் அந்த பவர் ஆஃப் அட்டர்னி வாங்கிய நபர் ஒரு விற்பனை செய்கிறார் அந்த விற்பனை செல்லுமா அதை எதிர்த்து நீதிமன்றம் செல்லலாமா?
If I grant Power of Attorney to an agent, will my own rights to manage affairs cease?
No and you can revoke your power of attorney at any time, unless it is irrevocable and your agent has some interest in it.
Whether power of attorney document eligible to get solvency
Can a NRI sell a land property in Ooty through a GPA attested at the overseas Indian embassy and the courts in TN and get it registered at the Ooty sub registrar’s office prior to selling.
Validity of general power of attorney as well as without other state permission or NOC can be registered the documents ?
In Tamilnadu, the special power of attorney is valid for 120 days.Due to Covid out break the PoA couldn’t be used within the limited period 120 days. Is there any grace period beyond the 120 days ? If so how long? Is there any notification/circular by the registration department?
After giving a GPA to an agent to sell a property, can I legally sell the same property myself without cancelling the GPA?
What to do if principal dies .. how to proceed further and how to save the land or money investment in it
The supreme court judgment tiltled “No Transfer of Title Deed through PoA” is scary as I understand that many have purchased properties using PoAs through non-relates. If so, the concerned sub-registrars should implement the rule as we, as common people, do not know all the rules and especially the latest rules which are genuinely introduced by the govt to avoid fraudulence and tax evasion.
THE REAL ESTATE AGENTS PREPARES IRREVOCABLE POWER OF ATTORNEY WHERE HE WOULD HAVE GIVEN THE PURCHASE PRICE BUT YET ACTING AS AGENT. A PERSON CANNOT PLAY TWO ROLES. BUYER AND AGENT CANNOT BE SAME PERSON. WHAT THIS REAL ESTATE FELLOWS DO THEY PAY THE PROPERTY PRICE AND SIMULTANEOUSLY ACT AS AGENT. IN THE POWER THEY MENTIONED THAT PROPERTY SHOULD BE CONVEYED TO HIM OR A PERSON TO WHOM ASSIGNING THE RIGHTS. THE OWNER OF THE PROPERTY COMES AND SIGNS THE DEED.THE OWNER ALREADY TAKEN THE SALE MONEY FROM THE AGENT. NOW THE AGENT TAKES THE MARKET VALUE MONEY IN BLACK. THEREBY EVADING CAPITAL GAIN TAX AND STAMP DUTY. IT IS ALL HAPPENS WITH THE CONSENT OF THE REGISTRAR WHO TAKES BRIBE. REGARDS SOWRIRAJAN ADVOCATE CHENNAI
Have given POA in the year of 2011 and the same rule is applicable for that POA
Sir, I am a non resident of Chennai, belong to Jamshedpur. We have an undivided in west Bengal – Siliguri, which needs to be sold. There are 7 holders of the subject property. I want to award a power of attorney to one of my relatives in Siliguri. Kindly guide of the procedure, fees and the timelines.
The PA has to be done from Chennai.
Any formet for cancellation of registered Power of Attorney due to schedule mistake
In power of attorney the schedule of property goes wrong.It is registered in Registrar office. I want to have fresh POA.Is it necessary to cancel the previous Registered POA? Would you please reply me?My mail id is shameemraheem@gmail.com
Thanks Shameem. We do not have the expertise to advise on such specific queries. The article is meant for giving a general idea of the issues concerned. As far as we know, atleast 3 Laws are involved in the legal matters concerning Power of Attorney. 1)Indian Contract Act 2)Power of Attorney Act and 3)Registration act. Therefore, it is better to approach a professional lawyer. Also there are online legal forums like Kanoon, where lawyers may be available to clarify on such individual and specific issues. Thanks.
Hi sir,
Could you send sample draft for general power of attorney format for registration. i apply home loan in bank for construct new house.
Hi Karthick, The draft general power of attorney is available in Reginet website.Go to REGINETHome>Scroll down to the bottom to Downloads> click Utility Forms. Many forms are available in the page that opens
Do we need to send the POA only through postal service? Or can we send through courier?
karthick. My daughter is in San Diego, USA and I as her POA holder had to obtain a life certificate from her to undertake a land deal in Tamil Nadu.
While the form does not indicate the need for Consular or Notary attestation, Embassy of India Washington rules explicitly say the need for Consulate attestation.
It was in the midst of COVID and going to San Francisco ws ruled out. Finding a Doctor with a rubber stamp and who would provide this service was equally difficult.
My daughter luckily found an Indian Doctor in her University who agreed to do the needful. My daughter added a rubber stamp impression using photoshop.
Tis certificate was mailed by my daughter straight to the sub-registrar at vanur. It worked.
The format is at this link:-
http://itestweb.in/pdy30/sites/default/files/life_certificate_format.pdf
With Regards
Vice Admiral Ganesh Mahadevan
Bangalore
SAMPLE DRAFT OF THE LIFE CERTIFICATE IN CASE THE PRINCIPAL CANNOT ATTEND TO THE REGISTRATION SHOULD BE SHOWN / INDICTED FOR DOWNLOADING. SHOULD THIS CERTIFICATE BE SIGNED BY THE NOTARY PUBLIC OF THAT COUNTRY AND ALSO BY THE INDIAN CONSULATE.