Registration / Stamping of Power of Attorney in IndiaUpdated and Published on 11 May, 2017
Often, it happens that a person residing outside India (an NRI) needs to sell / buy / rent out / take possession of a property or relinquish his/her share in a property, but may not be able to visit India and attend the sub registrar office to get the documents registered. In such a case, the person may execute a power of attorney (SPA or GPA) whereby he can appoint his friend, family member or a lawyer to act as his agent / attorney and get the document registered in the registrar office in Delhi for the transfer of property and the registration of property documents.
Steps for Stamping (registration) of Power of Attorney
1. Get the power of attorney attested by the Indian Consulate / Embassy or Notary Public.
2. Call us at 8800418408 and then send the original Power of Attorney to India.
3. We will get it stamped / registered within 6-7 days.
4. Collect the stamped power of attorney from our office. That's it.
Stamping / Adjudication of Power of Attorney
A power of attorney executed outside India, but which relates to any property situated in India or to any matter or thing to be done in India or received in India is chargeable to stamp duty under the Indian Stamp Act, 1899. The same is required to be stamped / franked / adjudicated within three months after it is received in India by the Collector of Stamps before it can be used for registering / transferring the property.
Purpose of Power of Attorney
- The person can execute a power of attorney in favour of his agent/representative authorizing him to sign on his behalf and get the same registered in the office of the Sub Registrar.
- As per Section 1A of the Powers-of-Attorney Act, 1882 , a power of attorney includes an instrument empowering a specified person to act for and in the name of the person executing it. It is always kept by the attorney. A power of attorney can be executed by any person who is major and of sound mind.
- The holder of the power of attorney can undertake and complete all formalities such as giving property on rent, manage Bank Account, appear in the court, take possession of flat / apartment from the Builder, register and execute deeds such as Sale Deed, Relinquishment Deed, Gift Deed, Lease Agreement, Partition Deed, Mortgages, Settlements, Agreements etc.
- A general power of attorney is used when the agent is empowered to undertake all types of transactions on behalf of the grantor. A specific power of attorney is granted when the Agent is authorised to undertake only specific transactions. Usually, the power of attorney can be revoked, subject to certain conditions. It is automatically revoked in the event of death or bankruptcy of the grantor.
Execution of Power of Attorney - How to give a power of attorney for property in India
- A power of attorney executed outside India has to be executed before and authenticated either by the Notary Public or consularised / apostilled / attested by the Indian Embassy / Indian Consulate present in the country of execution.
- The power of attorney should be executed on plain papers. The person may execute either a Special power of attorney or a General Power of attorney as per his requirements.
- The name of the person executing the power of attorney should be mentioned. In case he is an individual, the father's name and address should be given.
- In the case of a corporation/company, the power of attorney should mention the place of incorporation and the address of the principal place of business/registered office of the company.
- The date and place of execution of the power of attorney has to be mentioned clearly.
- The power of attorney should be duly signed by the person executing the same. Where the same is being executed by a company, it should bear the signature of the authorised signatory of the company and the common seal of the company.
- It is important for the executant to put his signatures on every page of the Power of Attorney.
Our company provides services for the the Stamping & Registration of Power of Attorney in Delhi, Noida, Gurgaon.
For assistance in the process, contact us at +91-8800418408.
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The use of this web site, and the sending or receipt of information does not create an attorney-client relationship. By using this website you agree that there has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us to solicit any work through this website.
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