Power of Attorney Registration
Power of Attorney (POA) is a legal document which grants the general/specific powers to the person in whose favour the document is executed. It can be related to a specific property or specific acts or both. A Power of Attorney having specifically few powers is called Special Power of Attorney (SPA) and that having generally all the powers is called the General Power of Attorney (GPA). In Both cases, attorney Holder is entitled to act on behalf of the Principal owner.
- Special Power of Attorney
- A Special Power of Attorney (SPA) offers the specific rights to the attorney, and narrow down the choices he/she can make regarding the immovable property. An attorney has the right to act or take decisions regarding the sale of property, and presentation of documents before the Sub-Registrar office for registration of sale deed, gift deed, lease deed and others.
- General Power of Attorney
- A General Power of Attorney (GPA) is a legal document where one party, i.e., the Principal, grants authorization of the property to another party, i.e., agent or attorney. The attorney can act on various subject matters related to that particular immovable property such as sale of property, and presentation of documents before the Sub-Registrar office for registration, management of property, receiving rents and etc.
- General Power of Attorney vs Special Power of Attorney
- A GPA can be registered only with agreement to sale, excluding the cases of blood relation. In case of GPA, a duty equivalent to registration of sale deed is payable other than blood relations.
- GPA between blood relations can be registered with stamp duty of Rs.100/- and registration fee of Rs.4/-
- Two witnesses along with identification documents need to be present during presentation of documents.
A power of attorney can be offered for several purposes, including taking possession of property, registration of property, giving property on lease, and executing deeds such as gift deed, lease deed, sale deed, mortgage deed, settlement deed.
The Power of Attorney requires to be attested in the Office of Collector of Stamp within a limited period of time to make it legal and valid in India, in case of a Foreign Power of Attorney executed overseas by Embassies or Notary Public.
The Department of Revenue, Government of India, allowed the registration of Central of General Power of Attorney for sale or transfer of leasehold properties of DDA, MCD, NDMC, and L&DO in Delhi, which has relieved the general public. Earlier, the registration of Power of Attorney was stopped in Delhi as per the order of Hon’ble Supreme Court of India.
Registration of Power of Attorney in Delhi
- In case of registration for General Power of Attorney or Agreement to Sell for sale of property or transferring its rights, a stamp stamp duty equivalent to payable on registration is required to be paid.
- General Power of Attorney if favor of those in blood relation such as father, mother, son, daughter, husband, wife, brother, sister, person of trust etc can be registered by paying a stamp duty of just Rs 50- and registration fee of Rs 1100/-
- The principal/owner is required to be present before the Sub-Registrar Office during the presentation of paper, along with its two witnesses with the Aadhar Card.
- Special Power of Attorney of property situated outside Delhi can be registered under certain special circumstances in Sub-Registrar Office of Delhi.