Generally, a document by which, a person who is himself competent to do certain acts, gives the authority to another person to perform such acts in his name and on his behalf is called Power of Attorney. In local parlance/vernacular language this is also called as kulmukhtyarpatra, Mukhtyarpatra, Mukhtyarnama, Vatmukhtyar, Aammukhtyarpatra etc. Here, the person who gives authority/rights is called as 'Principal' and the person to whom authority is given is called 'Attorney Holder'. This does not include the letter to act as Advocate (Vakilpatra).

Generally the following two kinds of Power of Attorney are used in the context of registration of document: 1. General Power of Attorney:- A. conferring the authority to sell immovable property B. conferring other rights but not the right to sell immovable property 2. Special Power of Attorney conferring the authority to present executed document for registration or to give admission on behalf of person executing the document.

If the document is executed on the basis of Power of Attorney, what papers are necessary at the time of registering that document?

1. Original Power of Attorney
2. True copy of the Power of Attorney
3. Declaration that the Power of Attorney has not been cancelled and that the person conferring Power of Attorney has not dead.

A general specimen of declaration is available on Registration and Stamps Department's website www.igrmaharashtra.gov.in, under the heading 'Downloads' and sub heading 'Forms'.

The Power of Attorney in which the executor of Power of Attorney (Principal) authorize the Power of Attorney holder to perform any nature of activity in the context of his immovable and movable property in his name and on his behalf, that Power of Attorney is called General Power of Attorney.

If such Power of Attorney is conferred without any consideration in the name of father, mother, brother, sister, wife, husband, son, daughter, grandson, granddaughter or any near relative, then Stamp Duty of Rs. 500/- is necessary. B. In case of a Power of Attorney not included in 'A' above, Stamp Duty is payable as per rate prescribed in Clause (f) for Article 48 on the market value of the property in the Power of Attorney and the consideration (If any) whichever is higher.

In order to register a Power of Attorney authorizing to sell immovable property- A. If the Power of Attorney is conferred without consideration and in the name of father, mother, brother, sister, wife, husband, son, daughter, grandson or granddaughter or a near relative as per definition in Income Tax Act, 1961, then a Registration Fee of Rs. 100/- is payable. B. In cases of Power of Attorney not falling under 'A' a Registration Fee is payable at the rate of Rs.10/- per Rs. 1000/- with a minimum of Rs. 100/- and maximum fee of Rs. 30,000/- on the market value of property in the Power of Attorney or the consideration (if any), whichever higher.

As per clause (h) newly introduced in Section 17 of The Registration Act 1908, with effect from 01/04/2013, for a Power of Attorney authorizing to sell immovable property executed on or after 01/04/2013 registration is compulsory.

If a Power of Attorney authorizing to sell immovable property is executed before 01/04/2013 is not registered, it is considered acceptable for registration of document executed on its basis. However, it is necessary to have the payable Stamp Duty paid at the time of execution of the Power of Attorney. Similarly, it is also necessary to have it executed before and attested Competent Authority (like Notary). If a Power of Attorney executed in India on or after 01/04/2013 is not registered, then it is not considered acceptable for registration of document executed on its basis.

Since it is binding on the Power of Attorney holder to use Power of Attorney after verifying all the facts like, that the principal of Power of Attorney (person conferring Power of Attorney)has not died or the said principal has not cancelled it or the Power of Attorney is not cancelled for any other reason, While registering a document on the basis of Power of Attorney the Power of Attorney holder has to sign a declaration that he has verified all these facts and such signed declaration has to be attached to the document.

When the original party signs/executes the document, and authorizes someone to perform following activities in his name and on his behalf: To remain present in the office of Sub Registrar on his behalf, and to present that document for registration or To remain present in office of Sub Registrar on his behalf and admit its execution before the Sub Registrar,such Power of Attorney conferring limited rights is called Special Power of Attorney.

Stamp Duty payable for Special Power of Attorney is Rs. 100/-.

The provisions exist in Section 33 of the Registration Act, 1908, in regard to Special Power of Attorney. According to it- 1. If one who is conferring Power of Attorney is staying in India, at the time of executing/signing such Power of Attorney, has to present himself along with the Power of Attorney before the Sub Registrar in whose jurisdiction he is residing and has to execute / sign the Power of Attorney before that Sub Registrar and the concerned Sub Registrar authenticates it saying that the said party has signed in his presence. 2. If the person conferring Power of Attorney is not staying India, at the time of executing / signing such Power of Attorney, he signs the Power of Attorney in the presence of the Competent Authority of the country where he is residing which includes Public Notary/ Judicial Court/Judge/ Magistrate/Indian Counsel or Vice Counsel or Representative of Central Government and such Competent Authority gives authentication that the said party has signed before him.

According to Section 33 of The Registration Act, 1908, the person conferring Special Power of Attorney has to remain present before Sub Registrar (or if residing outside India before the Competent Authority) and sign the Power of Attorney before him and the Sub Registrar (and if outside India, the Competent Authority) has to certify that the said signature was made before him. This is called Authentication.

The fee for Authentication/Attestation of Special Power of Attorney by Sub Registrar is Rs. 25/-.

According to Section 33 of Registration Act, 1908, it is necessary for the person conferring Special Power of Attorney to present himself before Sub Registrar and to sign the Power of Attorney. However, if for exceptional reasons mentioned further, if a certain person cannot be present personally before the Sub Registrar for authentication and if the Power of Attorney signed before hand/earlier by him is submitted before the Sub Registrar, the Sub Registrar after verifying the reasons and satisfying himself that the person has really signed the Special Power of Attorney, can do the Attestation of the said special Power of Attorney. Exceptional reasons:- If the person faces risk due to physical disability or suffers serious inconvenience, If such person is in prison due to proceedings in criminal or civil court, If such person is legally exempted from being present in the court.

The essential elements of a Power of Attorney (POA)include:

1. Identification: Clearly states the names and addresses of the Principal and Agent.
2. Grant of Authority: Specifies the powers being granted to the Agent.
3. Scope of Authority: Defines the areas where the Agent can act (e.g., financial, legal, property).
4. Duration: Specifies when the POA starts and ends (or continues indefinitely).
5. Agent's Powers: Outlines the specific actions the Agent can take.
6. Principal's Rights: States the Principal's right to revoke the POA.
7. Agent's Responsibilities: Outlines the Agent's duties and obligations.
8. Acceptance: The Agent must accept the appointment.
9. Signatures and Witnesses: Signatures of both parties, witnessed by at least two individuals.
10. Registration: Registration details, including date, place, and registration number.
11. Stamp Duty: Payment of required stamp duty, as per local laws.

1. Convenience: Authorize someone to manage tasks when you're unavailable or busy.
2. Incapacity: Ensure someone can act on your behalf if you become incapacitated or mentally unfit.
3. Absence: Allow someone to manage affairs when you're traveling or absent for an extended period.
4. Disability: Enable someone to manage your affairs if you become disabled or seriously ill.
5. Elder Care: Assist with managing affairs for elderly or disabled individuals.
6. Business: Authorize someone to manage business affairs when you're unavailable.
7. Property Management: Allow someone to manage property-related matters.
8. Financial Management: Authorize someone to manage financial affairs.
9. Legal Matters: Allow someone to represent you in legal matters.
10. Peace of Mind: Ensure that your affairs are managed according to your wishes.

Registered Power of Attorney: Registered with the Sub-Registrar's office, making it a public document.Notarized Power of Attorney: Notarized by a Notary Public, but not registered.

In Maharashtra, registration of a Power of Attorney (POA) is not always mandatory but is recommended in certain cases:

1. Immovable Property: If the POA relates to immovable property (e.g., land, flat), registration is mandatory under the Registration Act, 1908.
2. High-Value Transactions: For high-value transactions (e.g., above ₹50,000), registration is recommended to avoid potential disputes.
3. Banking and Financial: For banking and financial transactions, registration may be required by the bank or financial institution.
4. Court Proceedings: If the POA is to be used in court proceedings, registration is mandatory.

In India, a Power of Attorney (POA) is valid even if not registered, but its validity and enforceability may be limited in certain cases:

1. Unregistered POA: Valid for general purposes, such as banking, financial transactions, and minor property dealings.
2. Immovable Property: For transactions related to immovable property (e.g., land, flat), registration is mandatory. An unregistered POA may not be accepted by authorities or courts.
3. Court Proceedings: An unregistered POA may not be accepted as evidence in court proceedings.
4. High-Value Transactions: For high-value transactions, registration is recommended to avoid potential disputes.
5. Disputes: In case of disputes, an unregistered POA may be challenged, and its validity may be questioned.
6. Banking and Financial: Some banks and financial institutions may not accept an unregistered POA for certain transactions.

In Maharashtra, a minor (a person under 18 years of age) can be a buyer (purchaser) in a Power of Attorney (POA), but with certain limitations and considerations:

1. Minor's capacity: A minor can't enter into a contract or execute a POA independently, as they lack legal capacity.
2. Guardian's role: A minor's guardian (natural or court-appointed) can execute the POA on their behalf.
3. Court approval: For significant transactions, court approval may be required to ensure the minor's interests are protected.
4. Restrictions: A minor's rights as a buyer may be restricted, and they may not be able to exercise all rights under the POA.
5. Majority age: Once the minor attains majority (18 years), they may ratify or reject the POA executed on their behalf.
6. Specific provisions: The POA should contain specific provisions regarding the minor's status and the guardian's authority.

Yes, stamp duty is payable on a Power of Attorney (POA) in Maharashtra. The stamp duty rates vary based on the type of POA and the value of the property or transaction:

1) Stamp Duty:

1) Stamp Duty and Registration Fees are applicable on the Market Value in a Gift Deed only when there is no consideration.

As per Article 48 of the Maharashtra Stamp Act,

Explanation

2) State Cess:

i) Local Body Tax (LBT): Local Body Tax (LBT) of 1% is applicable on registration in Maharashtra.

ii) Metro Cess: Metro Cess of 1% is a tax levied by the Maharashtra government on the registration of property, only in Metro Cities like Mumbai, Pune, Pimpri Chinchwad, Nagpur, and Thane. It was introduced in 2019 to fund the development of metro rail projects in Maharashtra.

3) Registration Fees:

Registration fees are variable based on the sale value up to a certain limit; beyond that limit, it is fixed. The registration value is 1% of the sale value or ₹30,000, whichever is higher.

4) Document Handling Charges (DHC) Fees:

Collected online through the Sub Registrar's office. For every page of the document, a fee of ₹20/- is applicable. (A Shivay Services expert can calculate your stamp duty.)

Yes, Where under clause (f), duty has been paid on the power of attorney, and a conveyance relating to that property is executed in pursuance of power of attorney between the executed of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney.

Not Applicable

Not Applicable

Yes, a Power of Attorney (POA) can be cancelled or revoked under certain circumstances:

1. Revocation by Principal: The person who created the POA (Principal) can revoke it at any time.
2. Death of Principal: A POA automatically ends upon the Principal's death.
3. Death of Agent: A POA ends if the Agent dies, unless a successor Agent is named.
4. Mental Incapacity: If the Principal or Agent becomes mentally incapacitated, the POA may be revoked.
5. Bankruptcy: In some cases, a POA may be revoked if the Principal or Agent files for bankruptcy.
6. Court Order: A court can revoke a POA if it's found to be fraudulent or invalid.
7. Expiry: A POA with a specific duration or expiration date will end on that date.

The registered Irrevocable Power of Attorney can be cancelled only by order of the court it cannot be cancelled unilaterally. If cancelled through court or Irrevocable Power of Attorney between parties then it would be valid. See if done unilateral court won't validate same , rest. the document need to be pursued.

Yes, an Power of Attorney can be revoked in Maharashtra under certain circumstances:

1. Notice: The party seeking revocation must serve a notice to the other party.
2. Filing a Suit: If the dispute can't be resolved, a suit can be filed in court.
3. Court Order: The court may order revocation of the Power of Attorney if grounds are established.

No Refund

More information regarding click here to Refund of Stamp Duty

The Power of Attorney (POA) is governed by various laws in India, including:

1. The Power of Attorney Act, 1881: This act governs the creation, execution, and revocation of POAs.
2. The Indian Stamp Act, 1899: This act governs the stamp duty payable on POAs.
3. The Registration Act, 1908: This act governs the registration of POAs related to immovable property.
4. The Indian Contract Act, 1872: This act governs the contractual aspects of POAs.
5. The Transfer of Property Act, 1882: This act governs the transfer of property rights through POAs.
6. <>bState-specific laws: Some states in India, like Maharashtra, have their own laws and regulations governing POAs.
7. State-specific laws: Some states in India, like Maharashtra, have their own laws and regulations governing POAs.
8. The Information Technology Act, 2000: This act governs electronic POAs.

1. Undue influence: If the Principal was under undue influence or coercion when executing the POA
2. Lack of capacity: If the Principal lacked mental capacity or was incompetent when executing the POA.
3. Invalid execution: If the POA was not executed properly (e.g., not signed, witnessed, or notarized).
4. Exceeding authority: If the Agent exceeded their authority or acted beyond the scope of the POA.
5. Conflict of interest: If the Agent has a conflict of interest or is not acting in the Principal's best interests
6. Conflict of interest: If the Agent has a conflict of interest or is not acting in the Principal's best interests
7. Revocation: If the Principal revoked the POA, but the Agent continues to act.
8. Death or incapacity of Principal: If the Principal dies or becomes incapacitated, and the POA is not updated or revoked.
9. Unfair or unjust actions: If the Agent takes unfair or unjust actions that harm the Principal's interests.

The tax implications of an Power of Attorney in India are:

The tax implications of a Power of Attorney (POA) depend on the type of transactions and assets involved. Here are some general tax implications:

1. Income Tax: The Agent's actions under the POA may have income tax implications, such as:
   • Capital gains tax on property sales
   • Income tax on investments or business transactions
   • Tax deductions for expenses incurred
2. Wealth Tax: If the POA involves transfer of assets, wealth tax may be applicable (if applicable in your country)
3. Stamp Duty: POA execution and registration may attract stamp duty (as discussed earlier)
4. Gift Tax: If the Agent makes gifts on behalf of the Principal, gift tax may be applicable
5. Estate Tax: POA transactions may impact estate tax liability upon the Principal's death
6. Tax Compliance: The Agent must comply with tax laws and filing requirements on behalf of the Principal
7. Tax Liability: The Principal remains liable for taxes, even if the Agent is responsible for tax compliance
8. Tax Benefits: POA transactions may also have tax benefits, such as:
   • Tax exemptions for certain transactions
   • Tax credits for expenses incurred

(Please consult a tax professional or chartered accountant to ensure compliance with tax laws and regulations, as they are subject to change.)

The buyer keeps the original copy of Power of Attorney .

Typically registered within 4-7 working days

The process involves:

1. Valuation of the Property (if Irrevocable Power of Attorney)
2. Prepare the agreement document
3. Signing by both parties
4. Pay stamp duty (as applicable)
5. Submit the document to the Sub-Registrar's office
6. Sign in the presence of the Sub-Registrar
7. Receive the registered document

Shivay Services provides the best services to make a Power of Attorney . All you have to do is provide your contact number and information, consult with our expert ,provide relevant documents and get it done.

A title search is a search which gives answer to the question if the owner is really a legal owner of the property and if there are any outstanding claims on the property. This can be done by going through records of property at sub registrar’s office.

If a property has encumbrance on it like mortgage deed or other claim on property then it is known as title defect.

An encumbrance is a thing which creates difficulty in transfer of property from one owner to other for example outstanding mortgages, liens on real estate, unpaid property taxes etc.

Sub registrar’s offices are divided according to regions and specific jurisdiction is allotted to specific office to handle property registrations in that area.

Encumbrances:
An encumbrance is a thing which creates difficulty in transfer of property registration details from one owner to other for example outstanding mortgages, liens on real estate, unpaid property taxes etc.A buyer must check for any encumbrances on the property before buying and should get the property cleared from any encumbrances. This can be checked at the sub registrar’s office within whose jurisdiction the property comes.
Chain of Documents:

Any buyer should check for all the chain of documents before buying a property. Chain of documents are the documents which specify when and how the property has been transferred from one owner to other.
Payment of Dues:

Any property should be free from any dues like property taxes, electricity bills, water bills etc. It is the responsibility of the buyer to check this before registering the property.

Preparation of Deed:
A draft of the deed(Sale Deed, Lease Deed, Correction Deed etc.) that needs to be executed must be prepared on which the details of all the parties involved and the property involved along with terms and conditions must be mentioned clearly before registering the deed.

Stamp duty calculation:
Stamp duty is the fees charged by the government and it varies from state to state. Stamp duty is calculated on the basis of market value of the property involved.

Govt. Payment:
The registration fee and stamp Duty, DHC charges must be paid before the time of registration.

• Signing of Sale Deed:
Both the parties and the recipient must sign the Sale Deed in the presence of two witnesses.

Registration of Sale Deed :
The deed must be registered with the Sub-Registrar of Assurances within four months from the date of execution.

A) For Government Valuation

1. All Index 2/ 7/12 extract / Property Card
2. Parking Letter (if allotted Covered/open Parking)
3. Building Completion Certificate OR Electricity Bill

B) Registration

i) Agricultural Property

1. Chain of Document - all previous registered Documents with index 2 & Registration Receipt.
2. Search Title Report
3. 7/12 extract
4. Ferfar
5. Zone Certificate
6. Donor & Donee ID card - Aadhar Card & PAN card
7. 2 Witnesses - Aadhar Card & PAN card
8. 2 Identifiers - Aadhar Card & PAN card
9. All Parties Photo - 2 Nos.
10. All Parties Mobile No. & Email ID

ii) Residential Property (House/Flat)

• Flat/Raw house/Shop/Office First Sale Documents List:-
  • All title documents of land owner, Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder, Power of Attorney if any, Search Title Report (Master File)
  • 7/12 extract or RTC (Records of Rights and Tenancy Corps)
  • Na Order
  • Building Plan copy sanctioned by the Statutory Authority
  • Commencement Certificate
  • Rera Certificate
  • Purchaser/Seller/Witness-2, Identifier-2 ID card
  • Photo-2
  • Power of Attorney (if available)
• Flat/Raw house/Shop/Office Resale Documents List:-
  1. Chain of Document -
     • Builder To 1st Owner, 1st Owner To Present Seller, All Registered Document With Index 2, Registration payment of Receipt.
     • A Copy of all registered previous agreements
  2. Search Title Report
  3. 7/12 extract / Property Card (for House/Row house/Bungalow)
  4. Ferfar (for House/Row house/Bungalow)
  5. Zone Certificate (for House/Row house/Bungalow)
  6. Non-Agricultural (NA) Order
  7. Building Plan copy sanctioned by the Statutory Authority
  8. Commencement Certificate
  9. RERA Certificate (After 2017 Construction)
  10. Completion Certificate
  11. Society Conveyance Deed
  12. Society Registration Certificate
  13. Society Share Certificate
  14. Society No Dues Certificate (for bank)
  15. Society No Objection Certificate (for bank)
  16. Electricity Bill
  17. Property Tax Receipt
  18. Property Tax No Dues Certificate
  19. Possession Letter from the Builder
  20. Parking Letter from the Builder/Co-Operative Society/Housing Board/BDA.
  21. If any loan on the property (Current or past) / Original Property Documents with Bank
  22. Seller (Vendor) & Buyer (Purchaser) id card - Addhar Card & Pan card
  23. 2 Witnesses - Aadhar Card & PAN card
  24. 2 Identifiers - Aadhar Card & PAN card
  25. All Parties Photo - 2 Nos.
  26. All Parties Mobile No. & Email ID
  27. Power of Attorney (if available)

C) If Seller Death Case:-

1. Legal Heirs Affidavit
2. Legal Heirs Affidavit
3. Will Deed if not Legal Heirs Certificate