Regarding power of attorney Regarding power of attorney

1 month ago

I have taken a home loan of Rs.45 lac from my organisation .
I have to submit power of attorney duly notarized on 100 rupees stamp paper, do I have to pay stamp duty on that

Anik

Responded 1 month ago

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A.Dear Client,

Stamp duty is a critical component in the execution of legal documents such as Power of Attorney (POA) in India. It plays a vital role in validating the legality of the document and ensuring compliance with regulatory standards. Without the proper payment of stamp duty, a POA may be considered invalid and unenforceable, leading to potential legal challenges and disputes.

In the case of a General Power of Attorney (GPA) granted to a close relative (parent, sibling, spouse, child, grandchild, etc.) without any consideration, the stamp duty is fixed at Rs. 500. Additionally, there is a registration fee of Rs. 100.

However, if the GPA is granted to someone other than a close relative or involves any consideration, the stamp duty is calculated at a rate of 1% of the market value of the property specified in the GPA or the consideration amount, whichever is higher. Alongside this, a registration fee is applicable and is calculated at the rate of Rs. 10 per Rs. 1,000 of the market value of the property or the consideration amount, whichever is higher. It's essential to adhere to these stamp duty regulations to ensure the legal validity of the Power of Attorney document.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Stamp duty is a crucial element in the execution of legal documents like Power of Attorney (POA) in India. It serves as evidence of the document’s legality and ensures compliance with regulatory standards. Without proper stamp duty payment, a POA may be deemed invalid and unenforceable, leading to legal challenges and disputes. If the POA/GPA is granted to a close relative (parent, sibling, spouse, child, grandchild, etc.) without any consideration, the stamp duty is Rs. 500 and there is also a registration fee of Rs. 100. If the GPA is granted to someone other than a close relative or involves any consideration, then the stamp duty is calculated @ 1% of the market value of the property involved in the GPA or the consideration amount, whichever is higher. There is also a registration fee which is calculated @ Rs. 10 per Rs. 1,000 of the market value of the property or consideration amount, whichever is higher. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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