1) it can be executed in city other than where property is situated .

2) if principal is residing in said city he can execute POA in that city even if property is situated in another city

3) POA has to be registered if it relates to power to sell the property

Hello,

In October 2011, the Supreme Court (SC) ordered that no further transfer of property should be allowed through GPAs. Most states banned the use of GPAs for this purpose soon after.

You may go through the following document:

http://igrsup.gov.in/prernadoc/Adhiniyam/2/RegistrationActEng.pdf

Is sale valid in UP or not can be told to you by a local Advocate, to the best of my knowledge sale through GPA is valid in India.

The same can be executed at the place where principal resides also.

Kindly go through section 31 to 33

Regards

Please tell me where your property situated?

Up or Maharashtra

POAcan be executed anywhere in india

Yes power of sale can be given through poa to another pwrson

Generally poa of one state is valid in another state unless any particular state has put a restriction.

Both poa and gpa materially same. Check lical regiatration office for this.

Also poa is only authorisation for real sale sale deed is compulsary

1. Logically, POA can be issued from any place in India which is found suitable by its executor.

2. However, due to ignorance of law and its proper explanation, most of the Registrars of our Country refuse to accept POA executed in a different place/State unless it is registered.

3. The POA holder can perform all the acts which he has been empowered to by the executor as specified in the said POA including sale/partition/settlement/gift/rent etc.

2. The registered POA can be executed either in the city where the property is situated or where the principal is residing.

2. This is applicable in UP also.

Hi

A power of attorney(including power to sell) can be executed in any city other than the city where the property is situated.

However the power of attorney should be compulsorily registered at the Sub-Registrar office at the place of residence of Principal in case the power of attorney includes the "Power to sell" to the power to the holder(GPA Holder)

Power-of-attorney recognisable for purposes of section 32 of Registration Act as applicable to Uttarpradesh reads as follows:

1. For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-

a) if the principal at the time of executing the power-of-attorney resides in any part of India, in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

Hope this information is useful.

A power of attorney is a legal document that give someone else the authority to act on your behalf. The person grant authority to is referred to as your agent, and the executor is referred to as the principal.

Therefore, most states accept powers of attorney created under another state’s laws, particularly if they meet the new state's requirements.

So, there is no problems , if the power of attorney of an immovable property be executed in a city other than where the property is situated. But the power to sale can not be given in the power of attorney . as the power of attorney does not transfer the right of property i.e. title of the property to the attorney holder.

For a safe transaction of property , there must be registered sale deed in favour of the purchaser.

1. It can be executed by the principal where he is residing.

2. The power to sell can also be given through a GPA, in exercise of which the agent can execute the sale deed for and on behalf of the principal.

1. The P.O.A can be authorized except to alienate the property. In the recent judgments supreme court warned against transactions on the basis P.O.A.

What is Latest Verdict of Supreme Court?

Recently Supreme Court gave a landmark judgement in which it has barred sale of properties through general power of attorney (GPA) and sale agreements (SA). The court said that the ruling could reduce black money component in deals and bring down legal disputes but it would hit liquidity in the real estate market, bringing down the number of transactions in the short term.

The Supreme Court order that GPA cannot be treated as a registered sale dee. This verdict has brought a shock to stakeholders in the real estate industry in the city, where most property transactions are routed through general power of attorney (GPA).

Implications of this verdict:

The legal experts say that it would cause hardship to owners who bought dispute-free properties on GPA and SA simply because paperwork wasn’t complete for a proper sale registration. Such owners will have problems selling these properties, said senior lawyer Kumar Amit, who works for public sector banks that fund transactions through first power of attorney. Flat owners in co-op societies without completion certificates and house owners in lal dora land won’t be able to sell. Those who own property through general power of attorney won’t be able to sell unless they convert their papers into sale deed and get it registered. Further, banks unlikely to give loans for deals through GPA or sale agreements GPA preferred mode for sale of builder flats.

What is a Power of Attorney?

A power of attorney refers to a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter. Its a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative, and to make binding legal and financial decisions on his/ her behalf. It is not neccesary that a lawyer can only have Power of Attorney.

What are examples of powers contained in PA?

Some examples of legal powers contained in the Power of Attorney are the following:

In Real Estate and Porperty Transactions

To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders,

To manage, compromise, settle, and adjust all matters pertaining to real estate.

To lease, collect rents, grant, bargain, sell, or borrow and mortgage

In Contracts

To enter into contacts,

Perform any contract, agreement, writing, or thing

To make, sign, execute, and deliver, acknowledge any contract, agreement,

Sale and Purchase of Stocks and Securities:

To sell any and all shares of stocks, bonds, or other securities

To make, execute, and deliver any assignment, or assignments, of any such shares of stock, bonds, or other securities.

Financial Transactions:

To add to or withdraw any amounts from any of my bank accounts, Certificates of Deposit, Money Market Accounts, etc.

To make, execute, endorse, accept and deliver any and all cheques and drafts

Execute or release such deeds of trust or other security agreements as may be necessary

Deposit and withdraw funds, Acquire and redeem certificates of deposit, in banks, savings and loan

What are Types of Power of Attorney?

There are two types of power of attorney; “general” and “special” (or limited).

In General Power of Attorney, the principal empowers the agent with the right to carry out all legal acts on his behalf without restricting it to a particular transaction or act.

In Special Power of Attorney, authority is restricted to act only on certain matters or only a particular kind of transaction or to carry out a specific legal transaction for the Principal.

The power of attorney in respect of transactions related to the immovable property can be executed in any place but it can be registered within the jurisdictions where the property situate.

The power of attorney deed can cover all the transactions pertaining to the immovable property namely sale, agreement for sale, ,mortgage or any type of alienation including court cases