• Power of attorney from Gujarat for land owned in Chattisgarh

I am a resident of Baroda Gujarat and I have got ancestral land in mutation from my father who stayed in chattisgarh state. When I approached the sub registrar at Baroda to issue a Power of Attorney in favour of my relative staying in Punjab to sell or do any transaction with this land, she has denied to make it. She is saying such POS cannot be made and making all sort of issues like payment of duty has to be done etc. Please advise whether such a POA can be made at Baroda or not?
Thanks & Regards,
Asked 4 years ago in Property Law
Religion: Sikh

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8 Answers

You are resident of Baroda 

 

you are at liberty to execute registered POA in favour of relative staying in Punjab 

 

it has to be executed on stamp paper of Rs 500 or franked 

Ajay Sethi
Advocate, Mumbai
96714 Answers
7797 Consultations

get POA drafted by local lawyer 

 

it should be on stamp paper and duly registered in Baroda 

Ajay Sethi
Advocate, Mumbai
96714 Answers
7797 Consultations

No validation for domestic POA that is made in India is require the validation in case POA is made and notarised abroad then it is required. yes, the power of Attorney is valid universal whether given in any state

You may have to get the power of attorney deed registered with the concerned sub registrar within which jurisdiction the immovable property situate.

The applicable stamp duty has to be paid for registering the POA deed.

The sub-registrar cannot deny to register the POA deed if the deed is correct in all aspects.

You can prefer an appeal against the decision of the sub-registrar before the district registrar with all relevant records and seek his intervention as well direction to the concerned sub-registrar to register the deed. 

power of attorney is accepted in all states, but the rules and requirements differ from state to state. ... The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

You prepare the power of attorney deed through a document writer in Baroda, present it for registration before the sub-registrar, ask her to return it in writing giving reasons and relevant law for returning the document without registering it, if the observations are compliant, you can comply with it and represent or if the reasons stated by her is unjustified, you may prefer an appeal before the district registrar.

If you dont get any relief from the district registrar too then you can approach IG registration for relief.

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

1. The sub-registrar is either a fool or trying to fool you. The GPA can be executed even in Chattisgarh to authorise the agent residing in Punjab.

2. If you are residing in Baroda then you can execute GPA in Baroda.

3. Get it drafted by a lawyer and then get it registered,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Yes poa can be made anywhere but need to be registered. Ideally it's better to make it where property belongs. 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

sir 

POA can be made anywhere you live. the purpose of POA is to give authority to someone as you cannot go or do the work on the required place. 

You can prepare POA anywhere on Rs 50 stamp paper and get it registered. do not forget to get it prepared cautiously by a lawyer only as mistakes can cost you heavily.

the attorney holder then can use it to transfer your property on your behalf.

if any official denies it then file a RTI application that why the attorney transfer is not being done and under which rule or law. you will get his objection in writing then you can move to court if you have adequate grounds and get directions from there.

good luck

Gopender
Advocate, New Delhi
384 Answers

POA is a public document once it is executed. You can execute a POA in favor of any person at any place at anytime to act on your behalf in your absence. Your right in personam gets transformed to right in rem once POA is executed. It doesn't require any stamp duty in proportion to sale consideration of the property. It has stipulated franking or stamp of RS. 300/- getting which POA can be executed. 

Its advisable to stay in loop and accept sale consideration into your bank account vis-a-vis POA so that there are least chance of it being misused. 

Pooja Ashar
Advocate, Ahmedabad
236 Answers
4 Consultations

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