Legal Question in Real Estate Law in India

I have anPower of Attorney document duly signed by my son in law and my daughter who are residing in USA. The PoA was signed in India 2 years ago when they were on visit to Mumbai. The document is notorised. But it is nott registered and no stamp duty has been paid. PoA was given for dealing with their flat in Mumbai for renting out and other related matters.

Pl. let me know - is it possible to register the PoA now ?

How much stamp duty to be paid ? Whether the NRIs presence is required or only myself present will be OK.


Asked on 9/06/12, 5:52 am

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Instead of going through this rigmarole now , you can ask your son-in-law and your daughter to send you a POA from USA attested by Indian Embassy. They will send General POA as there would be more than one job for you to do in India on there behalf.

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Answered on 9/06/12, 7:16 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Every power of attorney in respect of an immovable property needs to be registered but in your case, the notarised power of attorney itself is valid as it just authorises you to deal with the tenant and it is not given in respect of sale of property. You may relax as nothing needs to be done and your attorney is valid till revoked by your daughter or son in law.

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Answered on 9/06/12, 10:11 am
Shrichand Nahar S.V.Nahar, Advocate

Registration of any instrument is possible within 4 months from date of execution without penalty and for next 4 months with penalty.

If there are no powers of sale/alienation, then minimum prescribed stamp duty is applicable. In case of powers of sale/alienation, full stamp duty of conveyance on market value of the property may be demanded.

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Answered on 10/15/12, 2:43 am


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