A Power of Attorney is an instrument that is used to give authority to someone else to legally act on behalf of the principal. A power of attorney is an authority given by a formal instrument whereby one person, who is called the principal, authorizes another person, who is called the attorney or agent, to act on his behalf. Although it can be of many types such as Irrevocable power of attorney, durable power of attorney, specific power of attorney, lasting power of attorney, enduring POA, Limited POA etc. the most commonly used in India are General power of attorney (GPA) & Special power of attorney (SPA).
A Special Power of Attorney is used for the transfer of a specific right to the attorney or for a specific act such as doing all things necessary for sale of property / property registration including the presentation of documents for registration and appearance before the Sub Registrar for registration of a Sale deed, Gift Deed, Lease Deed or other document. It is also used in the case of execution of documents by the authorized signatory on behalf of a company.
A General Power of Attorney or GPA authorizes the holder to do all the acts that may be necessary for the accomplishment of and related to the subject matter of the attorney such as powers related to the management of a property, renovating it, paying taxes, receiving rents, presentation of documents for registration in the Office of Sub Registrar, filing suit for ejectment, applying for electricity connections etc.
This has provided some relief to the general public as they can now transfer their property through a registered GPA, Agreement to Sell and Will.
Following are some of the Important Points to note in relation to Registration of General Power of Attorney / Special Power of Attorney in Maharashtra :
1. Stamp Duty equivalent to that payable on the registration of a sale deed needs to be paid in the case of registration of a General Power of Attorney and Agreement to Sell for the purpose of sale of a property or transfer of property title.
2. General Power of Attorney in favour of those in blood relation such as father, mother, son, daughter, husband, wife, brother, sister, person of trust etc can be registered.
3. The principal and two witnesses alongwith the identification documents need to be present during the presentation of documents before the Sub - Registrar.
4. A Special Power of Attorney or SPA can now be registered in respect of a property situated in another State / outside Maharashtra in the Pune's Sub Registrar Office.
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