The Supreme Court of India in 2011 declared that, â€œa power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable propertyâ€ . … As a result of this Supreme Court order, numerous states across India prohibited the registration of properties that were sold through a GPA.
Can a person with Power of Attorney sell property in India?
When it comes to buying or selling a property Power of Attorney is not a valid instrument to transfer property titles. However, selling the property through General Power of Attorney had become common practice across Indian cities, owing to the monetary benefits it offered, both the buyer and the seller.
Can NRI selling property in India with Power of Attorney?
An NRI executing POA in India cannot declare his/her status as Resident Indian. … A Power of Attorney is issued by NRI if he/she cannot be physically present in India for the execution of property transaction. As a buyer or seller, you should insist on the physical presence of NRI Buyer/Seller in India for sale deed.
Can property be sold through Power of Attorney?
Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
Is Power of Attorney valid in India?
Under the new rules, a power of attorney holder seeking to carry out a land transaction will have to provide documentary evidence to the sub-registrar to prove that the principal, the person who issued the power of attorney, is alive. … By law, POA is not valid once the principal dies.
How much does it cost for power of attorney in India?
Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.
How long is PoA valid in India?
Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative’s power would remain valid even if the principal becomes incapacitated.
Can NRI sell property through power of attorney?
A Non- Resident Indian can create a Power of Attorney deed while residing outside India without having to visit India solely for that purpose. Majority of NRIs own properties as well as banking transactions in India that could require their appearance while undergoing transactions.
Does POA need to be registered in India?
Registration: In many cases, a general or specific power of attorney need not be registered. … The Indian Registration Act does not make a power of attorney compulsorily registerable. However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered.
How does an NRI get power of attorney?
How To Make A General Power Of Attorney By NRI
- Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you.
- Get the deed attested by the Indian embassy or consulate in that country. …
- The person making the deed, the Grantor, should sign the deed in all pages.
Is a power of attorney valid if not registered?
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. … If there is a delay in registering the Lasting Power of Attorney and it is found that there are errors then the Donor might then no longer have the mental capacity to make a new Lasting Power of Attorney.
Can I sell my mums house with power of attorney?
Answer: Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother’s house as you and your sister were both appointed to act jointly and severally.
Can I sell property without mutation?
It is NOT MANDATORY to have the Mutation and Registered Deed in the name of Seller. … If you do not have the time or money immediately at hand, you and other legal heirs can sell the property without any issues as there are no legal restrictions.
How many days is a power of attorney valid?
Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA. An SPA gets revokes on its own as soon as the specific transaction for which it was executed is completed.
What is the validity period of special power of attorney?
The PoA may be made for a limited or indefinite period of time. The PoA should state if the attorney can sub-delegate the powers delegated to him or her to another person and that the PoA shall be valid even in the event you are incapacitated due to ill health.
What are the limits of a power of attorney?
The biggest limitation on a power of attorney is that it can only be signed when the principal is of sound mind. This means you should act before it is too late.