Regarding POA for a commercial space

781 votes

The cost cannot be determined without knowing the State where the property is situated, property value and nature of the transaction, as stamp duty and registration charges vary. A copy of your allotment/sale agreement can be reviewed to confirm the appropriate POA structure and estimated costs.

Advocate Madhvi Chopra LawRato

630 votes

Hi there, yes, you can definitely have a Power of Attorney (POA) executed before the Registrar, pursuant to which your mother can undertake the registration process on your behalf. The primary consideration would be determining the type of POA required—whether a Specific POA or a General POA—which would depend upon the nature and extent of the authority you intend to confer. Further, the applicable cost would depend upon the State in which the property/registration is being undertaken, the applicable stamp duty and registration charges, as well as the professional charges for drafting and execution of the POA. It would be advisable to contact me and provide some additional details regarding the property, State, and nature of the transaction so that I can advise you appropriately on the procedure, documentation, and applicable costs.

Advocate Ishan Parashar LawRato

710 votes

Dear Sir/Madam, based on the facts stated, if the property is already allotted to you and only the final registration/sale deed is pending because construction/possession is still in progress, you may execute a Power of Attorney in favour of your mother authorising her to act on your behalf for completing the registration formalities, including appearing before the builder/authority/sub-registrar, signing and presenting documents, making necessary applications and completing the registration process, subject to the requirements of the concerned authority and Sub-Registrar. However, a POA does not transfer ownership of the property to your mother. It only authorises her to act as your agent. The final sale deed/registry would ordinarily continue to be executed in your name unless the underlying allotment/agreement permits a lawful transfer/assignment to your mother. Since you are going abroad, the POA should therefore be specifically and carefully drafted rather than using a general POA. If executed outside India, additional attestation/authentication, stamping and adjudication requirements may apply when the document is used in India. The exact stamp duty/registration cost will depend upon the State where the property is situated, the nature of the authority being granted, and whether the POA is merely for registration/compliance or also confers powers to sell/transfer the property.

Advocate Yuganshu Sharma LawRato

765 votes

Yes, you can generally authorise your mother through a properly drafted and authenticated Special Power of Attorney to complete the property registration on your behalf. The cost depends on the property’s location, applicable charges and drafting fees. Please share your property documents, city/state and departure date. I can assist with drafting and the required formalities before you leave. You may connect through my profile for a consultation.

Advocate Pooja Patel LawRato

819 votes

Yes, you can get a Special Power of Attorney executed in favour of your mother for the registration purpose before you leave for abroad. Do not forget to get the SPA registered before the Sub-Registrar before you leave. You can discuss the charges with your advocate once you choose one for the job.

Advocate Puneet Srivastava LawRato