Validity of notarised POA for purchase of flat
03-Feb-2023 (In Property Law)
I have a notorised Poa from my wife for purchase of flat, now sub registrar is asking for registered Poa for completing the registration process. Pls suggest alternative and also tell me that is notarized power of attorney valid in india?
What is difficulty about notarized POA. It is necessary to Register POA in sub Registrar Office.
Registered Power of Attorney is better than notarized power of attorney.
As per section 17 of Indian registration act compulsory registration of power of attorney is not required. But to present a document before a registrar under section 32 of registration act by any person other then executor, registered power of attorney is required as per section 33.
Registered Power of Attorney is better than notarized power of attorney.
As per section 17 of Indian registration act compulsory registration of power of attorney is not required. But to present a document before a registrar under section 32 of registration act by any person other then executor, registered power of attorney is required as per section 33.
Should GPA be registered or notarized?
To be valid, a GPA must first be registered with the Sub-Registrar Office. The GPA does not have an indefinite validity period. The GPA is valid during the life of the principal and can be revoked at any time.
Is notarised GPA valid in Karnataka?
The Indian Registration Act of 1908 requires that a General Power Attorney be registered to sell, mortgage, gift, exchange, create or release rights. Registration of GPA is mandatory in this case. In this case, GPA notarized is invalid. C. 21-Oct-2017
Is notarized power of attorney valid in India?
According to the Indian Evidence Act, an executed power of attorney authenticated by Notary Public is presumed to be properly executed. The Indian Evidence Act section 85 reads as follows: 85. Presumption of powers of attorney. 24-Mar-2018
Does GPA need to be registered?
Implementing GPA in India
The GPA must be signed and authenticated before the Registrar, Sub-Registrar, or District Officer in whose district the Principal lives.
Power of attorney is valid Nowadays is slum room and Chawl because there is value of Room is normal so there is notarized document is valid but here flat have many document to verify and also have many procedure to transfer and also value of flat is high so here notary Registration is not accepted so you must do registration in a proper registrar otherwise the document is invalid according rule.
You will require Registered POA. That will complete your transaction as a valid and legal part of registration process. Other alternative may not suffice requirements as per compliance of sub registrar.
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