POWER OF ATTORNEY
Are you looking forward to get a Power of Attorney made and registered / stamped in Delhi? If yes, then you have to right place.Power of Attorney is an instrument / document that is used to give authority to someone else to legally act on behalf of the principal. A power of attorney is an authority given by a formal instrument whereby one person (who is called the principal) authorizes another person (who is called the attorney or agent) to act on his behalf. It can be of two types – General power of attorney (GPA) & Special power of attorney (SPA). A power of attorney given in relation to an immoveable property, requires to be registered compulsorily.
Power of Attorney executed in India
The steps involved in the Registration of a Power of Attorney executed in India are as follows:
1. The Power of Attorney is drafted / prepared by a legal expert.
2. Stamp Paper is purchased for the execution.
3. Date is fixed for the registration in the Sub Registrar office.
4. The Government registration fee is paid.
5. Both the parties and 2 witnesses visit the sub registrar office on the fixed day along with the POA for its registration.
6. Registered POA is collected after a week.
Types of Power of Attorney
A Special Power of Attorney is used for the giving a specific right to the attorney or for a specific act such as sale of property, taking possession of an apartment/flat, presentation of documents for registration and appearance before the Sub Registrar for registration of a Sale deed, Gift Deed, Lease Deed or other document. It may also be required in the case of execution of documents by the manager / authorised signatory on behalf of a company.
A General Power of Attorney or GPA authorizes the holder to do all the acts that may be necessary for the accomplishment of and related to the subject matter of the document such as powers related to the management of a property, paying taxes, receiving rents, presentation of documents for registration in the office of Sub Registrar, filing suits and cases, appearing before District courts and High Court etc.
A power of attorney for property can be given for several purposes such as giving property on rent, managing Bank Account, taking possession of apartment from the Builder, appearing in the Court, registering and executing deeds like Sale Deed, Relinquishment Deed, Gift Deed, Lease Agreement, Partition Deed, Mortgages, Settlements, Agreements etc.
In the case of a foreign power of attorney executed overseas and attested by the Indian Consulate, Embassy or Notary Public, the power of attorney needs to be stamped in the office of Collector of Stamps within a limited time period to make it legally valid and enforceable in India.
A power of attorney may be given when the principal is old, weak, sick or unable to travel. A registered Power of Attorney can be cancelled / revoked only by a registered deed of cancellation.The Revenue Department, Government of Delhi has once again allowed the registration of General Power of Attorneys for the transfer / sale of Leasehold properties of DDA, L&DO, MCD etc in Delhi. This has provided some relief to the general public as they can now transfer their immoveable property through a registered GPA, Agreement to Sell and Will etc . The registration of power of attorneys had been earlier stopped in Delhi in view of the Supreme Court judgement.
Registration of Power of Attorney in Delhi
Following are some of the Important Points to note in relation to Registration of General Power of Attorney / Special Power of Attorney in Delhi :
1. A General / Special Power of Attorney in favour of those in blood relation such as father, mother, son, daughter, husband, wife, brother, sister for the management of property can be registered by paying nominal stamp duty and registration fee.
2. The principal and two witnesses alongwith their Aadhar Card need to be present during the presentation of documents before the Sub – Registrar.
3. A special power of attorney or SPA in respect of a property situated in another State / outside Delhi can be registered in the Delhi’s Sub Registrar Office only under some special circumstances.
Power of Attorney executed outside India (by an NRI)
The steps involved in the Stamping of a Special / General Power of Attorney executed out of India are as follows:
1. Power of attorney has to be attested by the Indian Consulate / Embassy or Notary Public.
2. Call us at 8800418408 and courier the Power of Attorney to India.
3. We will get it stamped within 2-3 days.
4. Collect the stamped power of attorney from our office.
Stamping of Foreign 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 any deed or transferring any property in Delhi.