Power of attorney for giving flat on leave & license

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This query is : Resolved

Kapil Tiwari (Querist)

11 December 2012 My aunt, aged 82 years, owns a flat in Mumbai and proposes to give the same on Leave and License(Rent). She is old and infirm and hence wishes to grant a special power of attorney to her daughter(who also resides in Mumbai).

The scope of the power of attorney would be:

1) to negotiate and finalise leave and license agreements,
2) to appear before the sub-registrar for registration of the leave and license agreements,
3) to receive security deposit and monthly rents and deposit the same in my aunt's bank accounts,
4) to represent my aunt before the housing co-operative society and sign all relevant documents relating to the leave and license.

My query is:
a) Whether such a power of attorney must necessarily be registered, if in Mumbai?
b) What would be the stamp duty applicable, in percentage terms, if the agreement is executed in Maharashtra?
c) Is a "notarised" power of attorney valid and acceptable in a court of law?
d) What do you advise as the most appropriate course of action?

Thanks in advance for your valuable feedback and advice.

Regards/Kapil

Amol S Joglekar

Amol S Joglekar (Expert)

11 December 2012 01. Power of attorney for immovable property be registered with the sub registrar.

02. For the old aged people, sub registrar is duty bound to come to the home of the person. (As a courtesy, be courteous while taking appointment of sub registrar to come to home for registration)

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Kapil Tiwari

Kapil Tiwari (Querist)

11 December 2012 Mr. Amol Joglekar, Sir, should the power of attorney be notarised prior to registration? Kindly advise. Thanks.

Amol S Joglekar

Amol S Joglekar (Expert)

12 December 2012 Not at all. Registration be done with sub registrar.

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Kapil Tiwari

Kapil Tiwari (Querist)

12 December 2012 Thank you very much, Mr. Joglekar, for your valuable advice!

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