yes, poa is required tobe properly stamped with registrar of stamp and to be registered also so as to be effective in India.
Sale of plot of land in Haryana through POA from NRI from US
My brother in the US, is a joint owner with me, of a small plot of land in Ambala, which we wish to sell. He has prepared a POA in my favour for the purpose since he cannot travel to India. The document will be notarised and apostilled by the State Dept of US / or attested by the Indian Consulate. The SRO in Ambala informs me that on receipt, the POA will also need to registered with the Sub-Registrar at Pune (where I reside), after which only I can use the POA. However, the SRO in Pune says this is not necessary and neither is it possible, since for registration BOTH parties need to be physically present. What is the correct status and how do i resolve this?
Asked 2 days ago in Property Law
Religion: Hindu
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13 Answers
1. After receipt of the POA in India, it has to be adjudicated in the jurisdictional District Registrar's Office, since the property is in Ambala, it has to be adjudicated in the District Registrar's Office situated in Ambala.
2. There's no need for both the parties to be present for adjudication of POA.
Advice by SRO Pune is correct
once it is attested by Indian consulate it is sufficient no further registration is necessary
The power of attorney deed executed in that country with an attestation by the Indian consulate to be sent to the power agent in a sealed cover to his address in India, which will be submitted by the power agent along with his identity proofs before the sub registrar office within his residential jurisdiction for adjudication by the sub registrar concerned.
Once the sub registrar adjudicate the power deed with his seal and signature the power agent can carry on the task of execution of registered transaction in respect of the property mentioned therein in the power deed before the registrar concerned where the property is located.
If the Pune sub registrar is refusing to follow the procedure in this regard you may approach the district registrar with an appeal and for direction to the concerned sub registrar to do the needful as per provisions of law.
If the district registrar is also not cooperating then you can file an appeal before the state IG registration for relief and remedy.
However the procedure to be followed in this regard is as what has been mentioned above.
Yes you can sell the same through PoA but same needs to be registered
This is even more confusing... I now have 3 different answers from experts...one confirms that after attestation by the Consulate, no further Registration is required. Another, advises that Registration will have to be done where the property is i.e. in Ambala, and there is no need for both parties to be present; and a third opinion says, Registration is a must in Pune, and SRO Pune has to do it, even though the SRO Pune claims the opposite. The Ambala SRO insists on getting a Registered document. Which route should I follow?
Asked 1 day ago
In Maharashtra registration of POA is not necessary if it is executed abroad and attested before Indian consulate
in your case property is situated in Ambala follow the rules laid down in Punjab
It is not registration of the power of attorney deed already executed in a foreign country with attestation by Indian consulate instead it is an adjudication by SRO.
If you live in Pune then this adjudication is to be done from Pune.
I have given the procedures to be followed in my previous post.
If you want to follow you can otherwise you can decide to take steps as per your will and wish.
No after attesting registration in India is compulsory as per Indian registration act section 17
POA will only help to register the said deed in absence of principal party.
POA also needs to be registered compulsory as it is used for transfer of ownership in immovable property
@ Prashant Nayak....Sir, if the POA has to be compulsorily registered at the place where the attorney resides (even after attestation by the Consulate in the US), please clarify how this can be done when the person giving the POA resides in the US and is physically not present in india? Can the POA be registered without both parties being present at the SRO? it is obvious that the person cannot come to India only for registering the POA.
Asked 1 day ago
If the principal is residing in US and cannot come to India and presence of principal and holder is necessary for registration purposes then POA cannot be registered in India
The POA executed in the foreign country by the principal in favour of the power agent has to be adjudicated by the SRO in the place where the power agent resides.
The power agent need to produce the POA deed before the concerned SRO within the jurisdiction of his residence, get it adjudicated and then proceed with the registration of the property where the property is located.
You are unnecessarily getting confused by not understanding the correct procedures informed to you.
There is simple procedure. Brother can draft a GPA in your favour on white paper and get it attested by notary public of the State in U.S. where he resides. You need get the GPA validated by District Registrar by paying nominal fee which is not more than a few thousands. Enclosing the said GPA present the sale deed for registration to the Sub-Registrar. He cannot refuse to register the same. If he want to reject the document he has give reasons in writing for it, which he cannot. You can profitable refer to Section 32 and 33 of Registration Act.
The for registration of the POA you will require another POA which doesn’t need registration
Since your brother is executing the Power of Attorney (POA) in the United States, it must be either notarised and apostilled by the State Department or attested by the Indian Consulate, as per Section 85 of the Indian Evidence Act, 1872. If the POA grants authority solely for selling immovable property, it must be registered in India under Section 17 of the Registration Act, 1908. If it is only for managing the property without a sale, notarisation and attestation are sufficient, and registration is not mandatory. As per Rule 32 of the Indian Registration Act, a POA can be registered either where the property is located (Ambala) or where the attorney resides (Pune). However, some states have local rules requiring registration at the property location, which is why the Ambala SRO insists on registration there. Your brother does not need to be physically present for registration. Instead, the document must be adjudicated under Section 18 of the Indian Stamp Act, 1899, at the District Registrar’s Office in Pune, where you reside. After adjudication, it becomes valid for use in India. The process involves submitting the attested/apostilled POA for adjudication in Pune, paying the required stamp duty (which varies by state, usually ₹500 to ₹1,000), and obtaining the adjudicated POA. Once adjudicated, it can then be registered in Ambala, if required. To proceed, you should first visit the District Registrar’s Office in Pune to complete adjudication before presenting it to the Ambala SRO for registration.
