Power of attorney

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Power of attorney

General Power of Attorney

A power of attorney is an instrument by which a person is authorized to act as an agent of the person granting it. It is important to know a person need not be a lawyer to hold a Power of Attorney as an agent for someone else. This article looks at the status of General Power of Attorney in India and how it can be used to buy real estate in the country.

A General Power of Attorney grants all the powers to the person wherein he/she will be answerable as well as accountable to all the acts done/decided by him on behalf of the principal person. In India, it is not quite uncommon in the real estate sector to use a general power of attorney for all kind of property matters and transactions i.e. buying, selling, mortgaging, leasing etc.

 

The most significant thing to consider is choosing the right and reliable person while handing him over your general power of attorney. Here, the key emphasis is on the use of General Power of Attorney for buying of property and how effectively appropriate it is in the eyes of law as well as in reality for the principal.

What are the advantages of buying a property through a General Power of Attorney in India?

If a property is being divided between two people who have invested in the purchase, the division is based on their respective contribution. If two siblings bought a property for, sayRs 1 crore and each contributed Rs 50 lakhs, the property will be divided equally between the two parties through a partition deed. If the ratio of their contribution is 60:40, the division would be in this manner. However, the law assumes each member to have an equal share in an undivided property, unless documentary proof stating otherwise is produced. In case of inherited property, co-owners would get their share in a property based on their treatment in the inheritance law governing their religion.

General Power of Attorney, is used by buyers and sellers only to avoid stamp duty, capital gains, taxes, etc. and especially, in cases, where the principal owner is out of town or country and thus, issue a general power of attorney to a trustworthy person to do certain acts relating to purchase of property on behalf of him.

Another benefit is that General Power of Attorney is revocable or terminated at the grantor desire at any apt time he/she thinks right unless it is made otherwise. In other words, it is only for the convenience of buyer, but in any way does not convey ownership of any purchased property to the attorney/principal person. Here, the important thing to note is that power of attorney should not be considered as a transfer instrument of any title, right or interest in any property.

what are the documents required for property registered in sub registrar office ?

We arrange this General Power of Attorney with our experienced advocate and document writer. We register this agreement legally.

General Power Of Attorney

If requested we will fix you an appointment in online and a token will be generated from the official tnreginet website.

If requested we will also guide you in the registrar office in person.

What Is a Special Power of Attorney?

You can specify exactly what powers an agent may exercise by signing a special power of attorney. This is often used when one cannot handle certain affairs due to other commitments or health reasons.

Selling property (personal and real), managing real estate, collecting debts, and handling business transactions are some of the common matters specified in a special power of attorney document.

A General Power of Attorney grants all the powers to the person wherein he/she will be answerable as well as accountable to all the acts done/decided by him on behalf of the principal person. In India, it is not quite uncommon in the real estate sector to use a general power of attorney for all kind of property matters and transactions i.e. buying, selling, mortgaging, leasing etc.

A power of attorney is a collection of powers enumerated in one instrument that permits a principal to act through a third party, under contractual capacity, in executing legal or financial decisions. It is a form of an agreement that not only evidences an agent’s appointment but also sets out the nature and extent of an agent’s authority.

For example, an agent may be appointed to execute a contract for the sale of a property as well as perform the act conveying its title to the third party. A special power of attorney is often carried out if the principal, for various reasons, is unable to execute the decisions independently. The principal can opt to create more than one special power attorney, delegating duties to different agents in each instrument.

An agent’s roles and responsibilities are limited to specific circumstances. It is the implied and expressed provisions of the contract between the two parties that determine the duties of the agent. The agent is subject to various responsibilities other than the contractual duties, depending on the extent of the agreement.

We arrange this Special Power of Attorney with our experienced advocate and document writer. We register this agreement legally.

We prepare the Special Power of AttorneyDraft and send it to email &whatsapp within 3 hours, please confirm the details (its name and father name, address property details), the copy of a printed document will be sent through your address.

Adjudication

The procedure of obtaining the POA settled as per the Indian Stamp Act is called “Adjudication”. All POA’s issued in foreign nations, due to the NRI being resident outside of India have to be adjudicated to make it a legally accepted record for any kind of property transaction in India.

For a instance, if a person has purchased a property in India and cannot be physically present to process the registration, he can delegate these rights/duties to any relative/friend by means of a registered power of attorney.

We arrange this Adjudication with our experienced advocate and document writer. We register this agreement legally.

We prepare the Adjudication and send it to email &whatsapp within 3 hours, please confirm the details (its name and father name, address property details), the copy of a printed document will be sent through your address.

what are the required documents for preparing power of attorney ?
  •  Principal and agent Aadhar and Pan card copy
  • Principal and agent An Company? Must Represented Person Aadhar Copy Must
  • Parent documents xerox
  • New TSLR/ PATTA copy
  • Power consideration value ?, advance payment details and remaining payment details
  • If Property is Land with building, Need Property tax Paid Receipt , TNEB No—–
  • Prepared document
  • Principal and agent Aadhar and Pan card copy
  • Principal and agent An Company? Must Represented Person Aadhar Copy Must
  • Appointment date & time
  • Document Return person
  • Executant and claimant, Mobile Number &  Email id required

Online Follow

  • Online appointment.  
  • Stamp duty  & registration Charges, payment  paid online slip.

Documents

  • Need Prepared documents with All pages signed. Executer/Vendor and Claimant/Seller and purchaser , Two witness
  • Is Previous document registered in other sro? Must required Certificate copy of the document.
  • Document Originals.
  • Principal and agent An Company? Must Represented Person SEAL With sign, Aadhar and PAN Original & Copy With resolution original must
  • Parent Document Original or Xerox which is avail.

ID PROOF

  • Principal and agent Aadhar and Pan card Original or Xerox
  • Online updated Two Witness should be present in sub registrar office, with Original id and Xerox.

Others

  • Online Patta/manual patta, and Property Tax receipt & TNEB Card

Encumbrance Certificate

  • Property purchased date from to Till date encumbrance certificate with digital sign
  •  The photocopy of the land with the purchaser must be taken by an GPS camera.
  • First you will be meet the head clerk, in Sub-registrar office and get your documents and id proof verified.
  • Then there will be biometric verification with AADHAR and the photoshoot has to be taken
  • Then the receipt will be generated.
  • Finally you will sign the ledger of the office assistant.
  • Any Property, gps camera photo submit to subregistrar office. within 1 hour return the document
  • Online related problems in subregistrar office ? After solved subregistrar office dispatch the document.
  • Due to documents pending? when return decision for sub registrar?
  • Otherwise with in 1 hour