• Power of attorney

I want to register my newly purchased flat. Due to unavoidable conditions, my physical presence is not possible. If I plan to register a joint account with my wife, can my father-in-law be given power of attorney on our behalf?
Asked 1 month ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

Owners of property can very much give power to transfer the  property to any person  of their choice. The  property has to registered with Registrar of the  jurisdiction where the  property is situated.

Ravi Shinde
Advocate, Hyderabad
4766 Answers
42 Consultations

Whoever goes on your behalf will have to take POA with them for the registration. The POA also needs to be registered 

Prashant Nayak
Advocate, Mumbai
33296 Answers
219 Consultations

Yes

Prashant Nayak
Advocate, Mumbai
33296 Answers
219 Consultations

1. Under normal circumstances, you can give power of attorney authorising your father-in-law to act on your behalf by paying heavy stamp duty, since you and your father-in-law are not blood relatives. 

2. However by virtue of usage of certain words in the POA, you can authorise your father-in-law to act on your behalf, by paying lower stamp as applicable within blood relatives.

Shashidhar S. Sastry
Advocate, Bangalore
5502 Answers
334 Consultations

Yes, it is legally accpetable. 

Devajyoti Barman
Advocate, Kolkata
23452 Answers
529 Consultations

Yes you can execute power of attorney deed duly registered in favor of your father in law for purchasing the property on your behalf. 

T Kalaiselvan
Advocate, Vellore
88312 Answers
2388 Consultations

Power of attorney should be in favour of blood relative other wise it would attract higher stamp duty 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 Consultations

Your understanding is  correct 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 Consultations

power of attorney to be given to blood relative for selling the immovable property to avoid huge stamp duty, the stamp duty for this purpose is 1% in respect of the blood relatives and for others it will be between 5 and 7%.

However for signing on behalf of purchaser, it can be given in favor of father in law also.

T Kalaiselvan
Advocate, Vellore
88312 Answers
2388 Consultations

It has to be in favour of blood relative only like your parents or siblings 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 Consultations

Yes, it is legally valid for your father in law signing the registration papers to accept the sale of property on your behalf

T Kalaiselvan
Advocate, Vellore
88312 Answers
2388 Consultations

There is no stamp duty for poa, only fixed fee which nominal. In telangana it is only 1K. 

Ravi Shinde
Advocate, Hyderabad
4766 Answers
42 Consultations

Your wife can execute POA in favour of her father .it attracts nominal stamp duty of Rs 500 in Maharashtra 

 

you can execute POA in favour of your father or mother 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 Consultations

- Yes, you and your wife can give POA to your father-in-law for appearing and executing the sale deed on your behalf. 

- However, that POA should be registered from the office of registrar where you are presently residing. 

- Since, father-in-law is not blood related then you may ask to pay the full stamp fees. 

Mohammed Shahzad
Advocate, Delhi
15030 Answers
228 Consultations

As discussed in Phone Consultation.

Shashidhar S. Sastry
Advocate, Bangalore
5502 Answers
334 Consultations

Legally, you may appoint your father-in-law as your attorney-in-fact for registering the property, as there is no statutory requirement that a power of attorney must be granted to a blood relative; the key is that the POA is properly executed, notarized, and clearly grants the necessary powers. The claim that only a blood relative can serve as POA is a misconception and not supported by Indian law. Regarding stamp duty, registering the property as a joint husband-wife deed with your father-in-law acting as POA does not typically attract a lower rate; stamp duty is calculated based on the property's value and relevant state regulations, regardless of whether a POA is used for registration. It is advisable to consult a property lawyer in your area to ensure all documentation complies with local laws and to verify any specific concessions that may apply, but generally, the standard stamp duty rate will apply.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
382 Answers

If your wife is also giving the power of attorney to her father then there are chances that the stamp duty will be paid at a lower rate to register the power of attorney deed. 

T Kalaiselvan
Advocate, Vellore
88312 Answers
2388 Consultations

Hello,

 

Yes, you will get a rebate on the stamp duty. Giving a power of attorney to your father-in-law is possible. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Standard rate 

Prashant Nayak
Advocate, Mumbai
33296 Answers
219 Consultations

  1. Can your father-in-law be given POA for property registration?

    • Yes, legally, you can give Power of Attorney (PoA) to your father-in-law for registering the flat. There is no legal restriction that limits PoA to blood relatives only. However, some states may have local rules requiring close family members, so confirm with the local sub-registrar.

  2. Does PoA affect stamp duty?


    • If the property is jointly registered in your and your wife's name, the stamp duty will be as per normal rates applicable in your state.
    • If the property is transferred via PoA to a non-blood relative, some states charge higher stamp duty or additional scrutiny fees.

    • Best approach: Check the stamp duty rules with the local sub-registrar office before proceeding.

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
911 Answers
4 Consultations

Dear Client

As per the Indian law, a (POA) Power of Attorney can be granted to anyone, including your father-in-law, if you want to register your property. There are no certain specific rules that the POA holder to be your blood relation and it is legal to appoint him to act on your behalf for the registration of your flat or any property as such, Therefore, it is allowed and permitted and legal.

Well regarding the stamp duty, where the property is owned jointly and where it is registered jointly between a husband and a wife the cost of stamp duty rate is usually lower compared to transactions between unrelated parties as there is benefit given to transfer between family members, like husband and wife.

However, in case you are appointing your father-in-law as the POA holder, it will not change the fact that the property is jointly registered between you and your wife. The stamp duty will also remain at the regular rate, since your father-in-law is not involved directly in the transaction as a buyer or seller in this transaction. Just the presence of a POA holder simply allowing them to complete the paperwork on your behalf but does not typically affect the stamp duty calculation is done.

And it is also important to check with the good property lawyer or advocate who is expert in the stamp duty jurisdiction and property matter, and yes, it is also different in different cities and state.

 

 

Anik Miu
Advocate, Bangalore
10547 Answers
123 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer