POWER OF ATTORNEY, (GENERAL, SPECIAL, DURABLE)
Power of Attorney Registration
Power of Attorney (POA) may be a legal instrument which grants the general/specific powers to the person in whose favour the document is executed. It are often associated with a selected property or specific acts or both. an influence of Attorney having specifically few powers is named Special Power of Attorney (SPA) which having generally all the powers is named the overall Power of Attorney (GPA). In Both cases, attorney Holder is entitled to act on behalf of the Principal owner.
1. Special Power of Attorney
A Special Power of Attorney (SPA) offers the precise rights to the attorney, and narrow down the alternatives he/she can make regarding the immovable property. An attorney has the proper to act or take decisions regarding the sale of property, and presentation of documents before the Sub-Registrar office for registration of sale deed, gift deed, lease deed et al. .
2. General Power of Attorney
o A General Power of Attorney (GPA) may be a legal instrument where one party, i.e., the principal, grants authorization of the property to a different party, i.e., agent or attorney. The attorney can act on various topics associated with that specific immovable property like sale of property, and presentation of documents before the Sub-Registrar office for registration, management of property, receiving rents and etc.
3. General Power of Attorney vs Special Power of Attorney
o A GPA are often registered only with agreement to sale, excluding the cases of blood relative . just in case of GPA, a requirement like registration of sale deed is payable aside from blood relations.
o GPA between blood relations are often registered with stamp tax of Rs.100/- and registration fee of Rs.4/-
o Two witnesses along side identification documents got to be present during presentation of documents.
A power of attorney are often offered for several purposes, including occupation of property, registration of property, giving property on lease, and executing deeds like gift deed, lease deed, sale deed, deed , settlement deed. the facility of Attorney requires to be attested within the Office of Collector of Stamp within a limited period of your time to form it legal and valid in India, just in case of a far off Power of Attorney executed overseas by Embassies or notary .
The Department of Revenue, Government of India, allowed the registration of Central of General Power of Attorney purchasable or transfer of leasehold properties of DDA, MCD, NDMC, and L&DO in Delhi, which has relieved the overall public. Earlier, the registration of Power of Attorney was stopped in Delhi as per the order of Hon’ble Supreme Court of India.
Registration of Power of Attorney in Delhi
• In case of registration for General Power of Attorney or Agreement to Sell purchasable of property or transferring its rights, a stamp stamp tax like payable on registration is required to be paid.
• General Power of Attorney if favor of these in blood relative like father, mother, son, daughter, husband, wife, brother, sister, person of trust etc are often registered by paying a stamp tax of just Rs 50- and registration fee of Rs 1100/-
• The principal/owner is required to be present before the Sub-Registrar Office during the presentation of paper, along side its two witnesses with the Aadhar Card.
• Special Power of Attorney of property situated outside Delhi are often registered under certain special circumstances in Sub-Registrar Office of Delhi.
