Registration: In many cases, a general or specific power of attorney need not be registered. The question of registration arises only if a power is given for the sale of immovable properties. The Indian Registration Act does not make a power of attorney compulsorily registerable.
Is registration of power of attorney compulsory in India?
In India, registering a power of attorney is not mandatory. However, it is always recommended in order to improve the authenticity of the agreement. In legal terms, the person assigning the authorities is referred to as the ‘principal’ and the person given the authority is the ‘agent’ or the ‘attorney-in-fact’.
How do I verify a power of attorney in India?
Record of rights of the concerned plot be verified. Search in the office of the Registering Authority where the POA was registered, to verify the authenticity of the POA. Payment be made by cheque executing a registered deed of Agreement to Sell.
How long is power of attorney valid in India?
Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative’s power would remain valid even if the principal becomes incapacitated.
Is unregistered agreement valid?
Validity of the Unregistered Sale Agreement. Unregistered Sale Agreement is enforceable in Law, and any shortage of stamp charges can be paid through the Court’s order. Such an agreement will be valid for three years from the execution date.
Is agreement valid if not registered?
Validity of an Agreement Without Registration
Sale Agreement, which is not registered, is enforceable in Law, and all stamp shortage charges can be paid through the order of the court. Such agreements stay valid for 3 years from the execution date.
Should power of attorney be registered or notarized?
When it is to be registered it should be presented at the sub-registrar’s office with jurisdiction over the immovable property referred to in the document. Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary.
Is registration of contract necessary?
So, agreements do not require mandatory stamping for them to constitute as legal and valid. Even if they are not stamped they will still be enforceable as against the parties who have signed the same.
How long does it take for a power of attorney to be registered?
How long does it take to get a PoA registered? It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.
Are old powers of attorney still valid?
Existing EPAs can still be used, although you can no longer make a new one. Unlike LPAs , EPAs can be used without being registered if the ‘donor’ (the person who made the EPA ) still has mental capacity – the ability to make decisions for themselves.
How long is power of attorney good for?
Once an LPA has been validly executed, it will last indefinitely unless revoked by the donor, the attorney, the Court of Protection or by operation of law.
Is notarised GPA valid?
Notarized GPA in this case is not valid. Property transfer through GPA is also not valid unless executed the Sale Deed. However, GPA execution within the family member to manage the property or to get the property transfer need not be registered.
What is valid power of attorney?
PoA is a legal document as per the provisions of the Power of Attorney Act of 1822, under which you can appoint another person as your agent or attorney to act on your behalf.
What is the effect of non-registration on sale?
Effects of non-registration of documents
The document shall not confer any power to adopt. The document cannot be received as an evidence of any transaction affecting such property or conferring such power.
What is Section 49 of Registration Act?
Section 49 in The Registration Act, 1908. 49. Effect of non-registration of documents required to be registered.—No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— (a) affect any immovable property comprised therein, or.
How long is an agreement valid?
Validity of a registered sale agreement
A registered sale agreement is valid for three years. In the presence of a negative clause in the agreement, for instance, if the buyer is required to register the property within three months, the limitation is then extended by such period.