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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:-
My brother had purchased a site from his friend. The site was allotted by BDA and the allottee had lease cum sale. The seller, has received the full consideration and has executed a registered general power of attorney in my favour. He has acknowledged the  receipt of full consideration by way of an affidavit which is notarised. Also When my brother pur- chased the site, it was still in lease period, and BDA has not executed the absolute sale deed.
But, my friend has received a legal notice from the allottee stating that power of attorney is cancelled and he intends to sell the site to others. What is the remedy?


Q:- Whether the General Power of Attorney requires franking or registration?  Can the GPA holder attend the Sub-Registrar’s office for registration of GPA on behalf of the executant of GPA? What charges are payable for registration of GPA?

Q:- How do I make Power of Attorney?

Q:- My father is a General Power of Attorney holder in respect of property at Kengeri.  The khatha stands in the name of my father as holder. He is paying the taxes regularly and receipts are issued in his name. But many people say that he is not the owner of the property but he may sell it to any other person and get it registered in purchaser’s name. As we want to retain the property, can my father sell and register the property to me. Please advice?

Q:- 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.