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Power of Attorney to non blood relative
23-Dec-2023 (In Property Law)
A person who leaves in Canada for last 15 years (basically from Mumbai), presently at Mumbai would like to execute POA in favor of his cousin brother for executing Permanent Alternate Accommodation Agreement.
Can he give Power to his cousin brother who leaves in Mumbai or Blood relation is necessary.
Dear Querist, if you want to give power with rights to sell then you have to pay stamp duty as that of conveyance document. So its better to give power of attorney with limited power of attending registration office and collecting rent and pay taxes
Regards,
Rakesh V. Misar
Regards,
Rakesh V. Misar
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Adv. Rakesh Misar
Mumbai | 200+ Answers
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No,
Any person can be appointed as Power of Attorney by you.
There is not require of blood relation for appointing Power of attorney.
Therefore you can appoint any person as Power of Attorney.
You can give Power of Attorney to your cousin brother.
Any person can be appointed as Power of Attorney by you.
There is not require of blood relation for appointing Power of attorney.
Therefore you can appoint any person as Power of Attorney.
You can give Power of Attorney to your cousin brother.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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Well, Power can be given to anyone for that matter. What matters is what is the purpose of the Power?
Power conveying any Property or rights conveyed related to a property required to be registered, if Power is given for Sale / Development / re development. The Stamp duty shall be applicable as per Maharashtra Stamp Act and will be appropriately as per conveyance. ( Max of 6% of Market value of property including cess and other taxes.)
Powers given to first kin or immediate relative is exempted from stamp duty but yet have to be registered for all practical purposes, if it’s for the purposes of sale. The Power then has to be adjudicated. The nature of the power has to be checked to be under the exempted category. Upon ascertainment we will discuss it.
Power conveying any Property or rights conveyed related to a property required to be registered, if Power is given for Sale / Development / re development. The Stamp duty shall be applicable as per Maharashtra Stamp Act and will be appropriately as per conveyance. ( Max of 6% of Market value of property including cess and other taxes.)
Powers given to first kin or immediate relative is exempted from stamp duty but yet have to be registered for all practical purposes, if it’s for the purposes of sale. The Power then has to be adjudicated. The nature of the power has to be checked to be under the exempted category. Upon ascertainment we will discuss it.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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