Power of Attorney
Registration

Register your power of attorney deed with the help of expert property lawyer for a smooth and easy property registration experience. 

Rs. 3,500 All-Inclusive
Rs. 10,000 (65% off) save Rs. 6,500

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Additional services you will get

  • Drafting of the Power of Attorney
  • Doorstep document pickup
  • Doorstep registered deed delivery
  • Consult with dedicated lawyer
  • End-to-end registration support
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Power of Attorney Registration

ABOUT POWER OF ATTORNEY:

A Registered Power of Attorney deed is a legal document through which a person authorizes another person or organization to act on behalf of that person. The person who gives the authorization is called the Principal and the person who acts on behalf of the principal is called the Attorney. Basically, a person gives legal rights to another person to perform certain acts on his behalf or represent himself as his representative. Registration of power of attorney is mandatory for transfer of property otherwise transfer of property may be void, only registration of power of attorney executed by NRI is not mandatory. Based on the type of Power of Attorney, the principal may delegate either exclusive or extensive responsibilities or tasks. 


A Power of Attorney is a type of contract that not only evidences the appointment of an attorney or agent but also defines the limit, nature, and extent of his authority. The role and responsibilities of a legally appointed attorney or agent are limited to specific circumstances and limited to a specific period of time. The duties and responsibilities of the attorney are determined by the express and implied provisions of the agreement. 


TYPES OF POWER OF ATTORNEY:

There are two types of Power of Attorney, one is General Power of Attorney and the other is Special Power of Attorney. A General Power of Attorney is a type of Power of Attorney through which the principal can delegate broad powers to his designated attorney to conduct certain legal and financial business on his behalf. Through a Special Power of Attorney, The principal grants specific and limited powers to his appointed attorney. The SPA Holder has to act within the limits set by the principal.


POWER OF ATTORNEY IN REAL ESTATE:

A General Power of Attorney is usually used to transfer immovable property. Buying and selling property through General Power of Attorney is a common practice in India. When a seller is unable to appear before the Sub-Registrar officer for any reason to sell the property he may appoint an attorney for the said purpose. A General Power of Attorney Holder is also empowered to do various things like paying taxes, property mutation, settlement of disputes, lawsuits, paying electricity and water bills, consulting lawyers, appointment of surveyors etc.

It should be noted here that the Attorney can never claim ownership of the property. He always acts on behalf of the property owner. 


REGISTRATION OF POWER OF ATTORNEY:

Registration of a Power of Attorney deed is not mandatory in India. But registration of the Power of Attorney deed is mandatory for doing any work related to the transfer of immovable property.  It is advisable to register a Power of Attorney deed to enhance the authenticity of the document. A Power of Attorney deed is registered in the office of the Sub-Registrar of the appropriate jurisdiction. After printing the Power of Attorney deed on Non-Judicial stamp paper of appropriate value, the principal and the attorney must sign it in the presence of two witnesses. A printed Power of Attorney deed should be presented at the office of the Sub-Registrar for registration along with original documents like proof of ownership, proof of Identity, and proof of residence etc. after verifying all the documents, the Sub-Registrar will complete the registration process and return the registered deed after the specified time.


REGISTRATION OF A POWER OF ATTORNEY TO SELL OR BUY PROPERTY:

A General Power of Attorney for property registration can be used to sell or buy any type of property, including flats, land, and houses. It is important to note that the powers granted through a general Power of Attorney for property registration are quite broad and can extend beyond just the sale or purchase of a property. Therefore, it is important to ensure that the Power of Attorney is drafted in a way that accurately reflects the intentions of the property owner and the scope of the representative's authority.


CHARGES FOR POWER OF ATTORNEY REGISTRATION IN KOLKATA, WEST BENGAL:

The charges for registering a power of attorney for property registration in Kolkata, West Bengal depend on several factors such as stamp duty, registration fee, deed preparation cost, and lawyer's fee. In West Bengal, a fixed stamp duty of Rs. 50 is required for the registration of a General Power of Attorney. The cost of power of attorney registration for property registration in Kolkata is comparatively low as there is no stamp duty payable on property valuation.


POWER OF ATTORNEY BY NRI TO SELL OR BUY PROPERTY:

A Power of Attorney is a legal instrument that allows NRIs to authorize a trusted person to buy and sell property within the country. This document enables NRIs to conduct property transactions and legal formalities without being physically present, making it a crucial tool for managing their properties remotely. The appointed person can carry out property transactions, sign documents, execute contracts, and undertake other necessary tasks on behalf of the NRI. The power of attorney deed prepared by the NRI should be attested by the Indian Embassy or Consulate located in the country of their residence.


ESSENTIAL KEY ELEMENTS:

1)  A Power of Attorney is a legal document that gives one person the authority to act on behalf of another person. 

2)  The person who gives the authority is called the principal and the person who acts on behalf of the principal is called the attorney. 

3)  A legal attorney acts on behalf of the principal. A Power of Attorney is often used where the principal cannot be present or sign a document for any reason. 

4)  The principal must have absolute right or ownership of the property for which the attorney is appointed. 

5)  An attorney cannot claim ownership of property. 

6)  The Principal and the attorney must be adults and mentally fit. 

7)  A Power of Attorney must be signed by both the principal and the attorney and two witnesses. 

8)  If a General Power of Attorney is executed for the sale or purchase of a property, it must be registered. This rule does not apply to NRIs. An NRI can prepare a Power of Attorney by getting it attested by the Indian Embassy or Consulate in the country where he or she resides and it is valid. 

9)  A Power of Attorney may be cancelled or revoked at any time. 

10)  A principal can revoke or cancel a Power of Attorney at any time. In this case, the consent of the attorney is not required. In this case, after canceling of Power of Attorney deed, the attorney must be informed by registered letter as soon as possible.

Frequently Asked Questions

A Power of Attorney deed is a legal document through which a person authorizes another person or organization to act on behalf of that person. The person who gives the authorization is called the Principal and the person who acts on behalf of the principal is called the Attorney.

The following are the types of acts that an attorney can be authorized to perform on behalf of the principal in real estate:
• To buy and sell property;
• To pay property tax;
• To pay electric bill and water bill;
• To appoint a lawyer;
• To appoint a surveyor;
• To file a case if necessary;
• To mutation and conversion of property;
• To prepare and sanction the building plan;
• To do building construction;
Apart from the above, an attorney can be authorized to perform many acts. However, the power of attorney deed must specify what powers are being given to an attorney and when those powers will be effective.

It is important to specify the details of the power to be given to an attorney in the power of attorney deed. If an attorney is given unspecified or unwritten broad powers it can creat problems in future.

• A power of attorney is effective from the date signing or to take effect at some time in the future.
• The future time can be a specific date or may be defined by the occurrence of some event.
• A power of attorney can be written for a limited period of time or to last indefinitely.
• The power of attorney deed ends upon the death of either the principal or the agent.

Yes. A power of attorney does not prevent the principal from making decisions or performing any act after the deed is executed. In case of disagreement between the principal and the attorney, the decision of the principal shall prevail. If an acts has been completed by attorney, the opinion of the principal is no longer acceptable.

Yes. You can give Powers of Attorney to two or more people at the same time.

The power of attorney cancellation grounds are follows:
• A power of attorney document can be cancelled with the consent of both parties.
• A power of attorney deed may be revoked by the principal at his own will, provided that the attorney is informed of the same by a written notice.
• The power of attorney deed is automatically cancelled on the death of either the principal or the attorney.
• If the power of attorney obtained by force, coercion and undue influence.

No. An attorney cannot become the owner of the property.

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