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.
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?
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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.
But last time I inquired at a document printing shop, he said the power of attorney should be from a blood relative, like a brother or mother, especially for purchasing/registering new property. Is this true? What are the exact rules and laws?
Whoever goes on your behalf will have to take POA with them for the registration. The POA also needs to be registered
No, I am asking specifically: If I prepare POA documents and make my father-in-law the POA holder for new flat registration, is it legally accepted?
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.
Yes you can execute power of attorney deed duly registered in favor of your father in law for purchasing the property on your behalf.
Power of attorney should be in favour of blood relative other wise it would attract higher stamp duty
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.
Yes, it is legally valid for your father in law signing the registration papers to accept the sale of property on your behalf
Okay, thanks. Now, if we register as joint husband-wife and my father-in-law as power of attorney, will the stamp duty be lower or the standard rate?
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
- 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.
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
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.
Hello,
Yes, you will get a rebate on the stamp duty. Giving a power of attorney to your father-in-law is possible.
Regards