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My uncle has given Power of Attorney to his friend to develop certain properties, negotiate and sell them. He has also received the consideration.  The stamp duty paid on Power of Attorney is Rupees One Thousand only and the Power of Attorney is not registered. The Attorney holder has developed the property and has sold to various purchasers. But, now my uncle wants to gift some portion of the said property to his sister. Since the stamp duty paid on Power of Attorney is only Rupees One Thousand and not as per sale deed and is not registered, can my uncle claim the sale deeds executed by his friend, Power of Attorney holder, as irregular and not enforceable and gift the property to his sister.

- by Srinath, Bangalore

The stamp duty payable on Power of Attorney given to a promoter to develop the property and to sell the property is only Rupees One Thousand and not as payable on sale deed and the Power of Attorney given by your uncle to his friend is properly stamped. The Registration of such Power of Attorney is also not mandatory as per Indian Registration Act. If the person other than the executor of the sale deed presents the document for registration as a Power of Attorney holder and admits the execution such Power of Attorney requires registration. But, if the person who is signing the documents and the person who presents the sale deed for registration admits the execution are one and the same, such Power of Attorneys need not be registered. In the instant case, the Power of Attorney holder himself has executed the sale deed and has admitted the execution.

Further your uncle has received the consideration and his friend has developed and sold the property in furtherance of powers given to him. As such your uncle cannot claim that the sale deeds are irregular not enforceable and also cannot revoke the Power of Attorney. He has no right to gift a portion of the said property to his sister.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am planning to buy a site.  Site owner is in USA. He has given GPA to his relative. I came to know that there are different types of GPAs. If I want to buy that site, how to know what kind of GPA he gave  to his relative. If the person is in USA is it possible to give GPA to the other person?

Q:- Most of the property developers in Bangalore enter into Joint Development Agreement with the land owners who would give General Power of Attorney in favour of the property developer.  Such property developers sell their share of flats based on the General Power of Attorney held by them. Suppose the GPA executor dies how does the property developer gets right to deal with the flats allocated to him after the death of the GPA holder?

Q:- I have purchased a property within the municipal limits of Shimoga.  As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered.  Later on I came to know that the presentation should be either by the executant or claimant or only a duly authorized agent through power of attorney.  I have not given any power of attorney to my friend.  I am told that the registration is invalid.  Please advise me.

Q:- I am planning to buy a site. The owner is in U.S.A. He has given the GPA to his relative. I came to know that different types of GPAs are executed. If I want to buy this site, how do i know as to what kind of GPA he has given to his relative?  If the person is in U.S.A., is it possible to give GPA to the other persons?

Q:- I am planning to buy a site, site owner is in U.S.A., he gave GPA to his relative; I came to know that different types of GPAs are there.  If I want to buy that site, how to know, what kind of GPA he gave it, to his relative.  If the person is in U.S.A., is it possible to give GPA to the other person.