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?

5 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

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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

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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:

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Relevance: Registrars might require re-validation or a confirmation that the PoA is still in effect and has not been revoked, considering it was executed 6 years ago.

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

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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

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Thanks for the opinions. Was expecting someone from AP to give opinion as the SR in Guntur claims the law was amended ( or some rule was introduced) requiring the PoA to be validated every SIX months through I could not find any rule/regulation/act to such effect. The SR office is no help except insisting the PoA is not valid.
Now my buyer has developed cold feet & may not go through the purchase. So anyone one in AP can help me find that rule/regulation/law?
BTW decades ago I myself worked as Sub Registrar & later also practiced law in India before immigrating to the USA & changing my career to IT. TIA.

Asked 6 hours ago

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.