Where is power of attorney registered?
kindly clarify
if it is registered where your sister is residing it should suffice
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?
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Where is power of attorney registered?
kindly clarify
if it is registered where your sister is residing it should suffice
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
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.
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.
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.
File RTI application as to whether any such rule issued requiring POA to be validated every six months or so
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.
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:
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.
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.
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:
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.
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.
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.
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.
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.
- 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.