• Validation of power of attorney

My sister gave me a special power of attorney to sell her share of the property in Guntur, Andhra Pradesh. We both own the property in equal shares . P of A was executed about 6 years ago in Bengaluru and was duly registered there. P of A has full description of the property. The Sub Registrar in Guntur is saying it is not valid as it is NOT VALIDATED IN Guntur. He wants fresh power of attorney. Is he correct?
Asked 1 month ago in Property Law
Religion: Hindu

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12 Answers

Where is power of attorney registered? 

kindly clarify 

 

if it is registered where your sister is residing it should suffice 

Ajay Sethi
Advocate, Mumbai
97929 Answers
7942 Consultations

The power of Attorney is valid universal whether given in any state, however, the attorney holder shall not perform any such duty which is not mentioned in the deed itself.

The registered power of attorney deed even though registered at a different place shall be held valid  to enable the power agent to execute the registered sale deed of the property situated in a different location, there is no legal infirmity in it.

If the SRO at Guntur is refusing to recognise the SPA registered in Bengaluru for the property located in Guntur you can prefer an appeal before the District registrar for intervention and direction to the concerned SRO for accepting the registration documents .

If the District registrar also declines to intervene then you may approach IG registration at state capital for relief

T Kalaiselvan
Advocate, Vellore
88131 Answers
2380 Consultations

In your case, the sub-registrar's demand for a fresh power of attorney to be validated in Guntur may not be strictly necessary under the law, but it is not uncommon for local registrars to require additional documentation or validation to ensure that the document is still valid and enforceable, especially when the power of attorney (PoA) was executed long ago and in a different jurisdiction.

According to the Indian Stamp Act and the Registration Act, a power of attorney should be executed on stamp paper and registered if it involves the transfer of immovable property. Since your sister’s PoA was duly registered in Bengaluru, it should generally be valid throughout India. However, the local practice and interpretation by the registrar in Guntur might be influenced by:

  1. Validation for Continued Relevance: Registrars might require re-validation or a confirmation that the PoA is still in effect and has not been revoked, considering it was executed 6 years ago.

  2. Jurisdiction Issues: Sometimes, a document executed and registered in one state may be required to be adjudicated or stamped in the state where the property is located, particularly if the registrar feels it necessary to ensure its compliance with local laws or regulations.

To address this issue, you could:


  • Get the PoA revalidated or stamped in Guntur: This might involve paying a nominal fee to have the document adjudicated (assessed for appropriate stamp duty) in Andhra Pradesh.

  • Obtain a legal opinion or consult a local lawyer: A local lawyer can provide a legal opinion confirming the validity of the PoA, which might satisfy the sub-registrar’s requirements.

  • If feasible, execute a fresh PoA: This would be the most straightforward way to satisfy the registrar’s requirements, though it would require your sister’s presence or adequate arrangements if she cannot be physically present.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
799 Answers
3 Consultations

Sub-Registrar is correct with respect to validation of GPA. Produce the  GPA before District Registrar Guntur and get it validated. He his sing and seal and give it a serial number, this is validation. Fee for validation of GPA is 1k. There is no need of any fresh GPA as long it is not cancelled.

Ravi Shinde
Advocate, Hyderabad
4635 Answers
42 Consultations

The registered power of attorney deed is valid across the country.

You can follow the legal steps as suggested if the SRO is reluctant to entertain the execution of sale deed by the power of attorney holder.

If you insist on an advocate from AP alone you may look for one of this forum hailing from AP or contact one from that state directly.

T Kalaiselvan
Advocate, Vellore
88131 Answers
2380 Consultations

File RTI application as to whether any such rule issued requiring POA to be validated every six months or so 

Ajay Sethi
Advocate, Mumbai
97929 Answers
7942 Consultations

POA once registered is valid till it is not revoked.

A POA registered in another state is equally applicable in another state unless there is some local law which prohibits the same.

Devajyoti Barman
Advocate, Kolkata
23419 Answers
527 Consultations

Dear Client,  

It is incorrect on the part of the Sub-Registrar in Guntur to state that the Power of Attorney executed and registered in Bengaluru is invalid since it has not been registered in Guntur. There is no statutory provision under Section 18 of the Registration Act, 1908, requiring the revalidation of a duly executed and registered PoA. Furthermore, Section 85 of the Indian Evidence Act, 1872 establishes a presumption of validity for a registered PoA.  

While some other states in India have laid down specific rules regarding the Stamp Duty and Registration, few may require PoA executed in other states to be adjudicated by the AP Stamp Act before its use in property transactions. However, this does not mean a new registration but only requires paying of appropriate stamp duty and adjudication verification of the PoA by the local District Registrar. As for the six-month time for validation that the Sub-Registrar mentions, there is no such requirement existing in any central legislation as of yet, while no amendment of such a type has been announced in public view.  

To deal with this, you may, in effect:  


  1. Request the Sub-Registrar to specify the legal provision under which they are rejecting your PoA.  


  1. Visit the District Registrar's Office in Guntur to get the PoA adjudicated, which will then allow you to pay the requisite stamp duty.  


  1. If SR still doesn't budge, a Writ Petition in the Andhra Pradesh High Court may be a consideration to file challenging the arbitrary rejection. 

If your buyer is not comfortable, the practical solution would be to prepare a new PoA in Andhra Pradesh, which is yet to be legally required. This is likely to facilitate resolution of the bureaucratic traffic that lies ahead of you, even though the Sr. may have some other interpretation. Thus seeking help from a local property lawyer in the AP will help to go through this bureaucratic maze with much ease.  

This should help! If you need further clarification, feel free to reach out. 

Anik Miu
Advocate, Bangalore
10515 Answers
122 Consultations

Section 23. No document is accepted for registration, unless presented for registration within four months of execution. By extension said restriction can be applied for presentation of document for registration through GPA. It is quite prudent of Sub-Registrar to insists on fresh GPA as six years is long period. It is the  duty of Sub-Registrar of ascertain whether the  principal  is still there, the  GPA is not revoked and other there are other circumstances that made the  GPA invalid though I could not find any express provision to that effect. 

Ravi Shinde
Advocate, Hyderabad
4635 Answers
42 Consultations

It sounds like you're dealing with a particularly tricky situation, especially with the local registrar's insistence on a rule that isn't easily verifiable. Here are a few steps you can take to address this issue:

  1. Legal Consultation in Andhra Pradesh: Since the claim involves a specific local amendment, consulting with a lawyer based in Andhra Pradesh who is up-to-date with state-specific regulations and administrative practices would be advisable. A local lawyer can access and interpret any recent amendments or rules that may not be readily available online or in public records.

  2. Contact Local Bar Association: Reach out to the Bar Association in Guntur or the Andhra Pradesh State Bar Council. They often have resources or can provide direct advice regarding recent legal amendments and practices that are specific to the region.

  3. Review State Government Publications: Check publications or notifications from the Andhra Pradesh state government. Sometimes local rules or amendments are detailed in state government gazettes or circulars issued by the Department of Revenue or Legal Affairs.

  4. Direct Inquiry to Higher Authorities: If responses from the Sub Registrar's office are not helpful, consider escalating the issue to higher authorities within the state's land registration or legal services departments. They might provide clarity on the regulation your buyer is concerned about.

  5. Engage with Real Estate or Legal Forums: Sometimes, other professionals active in real estate or legal forums might have encountered similar situations and could provide insights or references to specific local regulations.

These steps should help you clarify the legal requirements and provide reassurance to your buyer or assist you in making an informed decision about how to proceed with the property sale. If the rule does exist, understanding its implications fully will be crucial in navigating the sale process effectively.

 

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
799 Answers
3 Consultations

If it’s a registered POA then it’s valid 

Prashant Nayak
Advocate, Mumbai
33179 Answers
217 Consultations

- A power of attorney (PoA) is a document that gives another person the legal authority to act on your behalf as per the terms mentioned in the document.

- Further, it remains valid for the entire life of the principal, but it can also have a specific duration, such as one year or more, if mentioned.

- Since, your sister has given a registered POA /SPA to sell her share on behalf of her , then the registration from the Guntur is not mandatory. 

- The Law of the land is valid in all states of India. 

Mohammed Shahzad
Advocate, Delhi
14944 Answers
227 Consultations

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