Menu
keyboard_backspace
Consult and get Expert Advice on Power of Attorney Laws matters from the best Power of Attorney Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Power of Attorney Lawyers
in India

Read Blogs to get more Insights

Laws Related to Registration of Property Transacti...

In the case of immovable property, mandatory registration of property purchase and sale documents are essential ensuring proof of ownership, fraud prevention and assurance of title.Under The Indian Registration Act, there is legislation for property registration in India known as the law of registration of documents that makes it a mandatory requirement to register key documents for the recording of evidence, fraud prevention and assured title transfer. Property Documents Necessitating Mandatory RegistrationRegistration of property or property registration in India in accordance with Section 17 of the Registration Act, 1908, is mandatory in case of transactions involving immovable property sale for an amount in excess of Rs. 100. What this essentially means is that all immovable property sale transactions must be registered since a mere Rs. 100 cannot possibly be the purchase price of immovable property. Furthermore, a gift of immovable property, as well as lease for a period in excess of 12 months are essentially transactions that require registration.In special circumstances, if any of the parties to the transaction is unable to be physically present at the sub registrar's office, then, in that case, any of its officers may be deputed by the sub-registrar for acceptance of the registration documents at the buyer’s residence. Included in ‘immovable property’ are land, buildings and any attached rights to these classes of properties.Procedure and Documents Required for Registration of PropertyAs registration of property documents are mandatory it's worth knowing what the procedure for registration of property entails. Firstly, the documents have to be submitted to the office of the Sub-Registrar of Assurances within the jurisdiction of the location of the transferrable property by the property lawyer. Thereafter both the authorized signatories of the seller and the purchaser, need to be physically present with their proof of identities including Aadhar card, PAN card or any other government authority issued ID proof along with two witnesses, for the purpose of registration of property documents.All designated authorized signatories ought to produce the power of authority if in case they are representing someone on their behalf.  If however, in the case of a company the company is one of the parties in the agreement, the company representatives ought to have all necessary documents with them including the letter of authority, and along with that a copy of the company board’s resolution granting authority to execute the registration. The designated authorized signatory ought to show the property card to the sub-registrar and in addition to that all original documents and proof that stamp duty has indeed been paid. Prior to registration of property documents, verification would be done by the sub-registrar as to whether or not the required stamp duty for the property has been paid, according to the ready reckoner for stamp duty.  Any deficit in the stamp duty would result in the registrar declining registration of property documents. Time Limit and Fees to be Paid for Property Registration ?All documents that need mandatory registration ought to be presented by the property lawyer no later than 4 months from their execution date along with the prescribed fee. In the case of expiry of the time limit, an application can be made to the sub-registrar to condone the delay, and that with an extension of time of another 4 months the registration of property documents would be submitted to the sub-registrar within that time. The registrar may consent to register documents that missed the registration deadline for a hefty fine of up to ten times the actual registration fee. For the registration of property documents, the fee is 1% of the property’s value, capped at Rs 30,000.Previously, presenting registration of property documents for registration of property would result in returning the documents to the sender after six months. Nonetheless, with the sub registrar's offices being computerized, the documents with the registration number and proof that the registrar has indeed completed the registration are first scanned and then returned to the sender on the very same day.Consequences of Non-registration of PropertyIf the property purchase agreement remains unregistered then it could be very risky for the buyer of the property. Since it’s mandatory for all documents to be registered but if they remain unregistered then those unregistered documents cannot be presented as proof in a lawsuit.  

Posted By

Avik Chakravorty

23 hours ago

How to File for Mutual Consent Divorce: Step by St...

According to the Indian Legal system, the divorce procedure or process of divorce basically starts as soon as the divorce petition is filed. The way the divorce procedure in India in its entirety works is with the initiation of the filing of the divorce petition by either party to the divorce suit and serving of notice to the other party.If the relationship between the parties has hit rock bottom and both the spouses have jointly made a decision to split according to the law of the land, then either party can initiate ‘mutual divorce’ according to the Hindu Marriage Act, 1955. Either party can file for divorce even if any one of the parties is unwilling to file for divorce and is widely known as ‘contested divorce’. How to file for Mutual Consent Divorce?Section 13B of the Hindu Marriage Act, 1955 is related to the provision of mutual consent divorce and there is a preset divorce procedure to file for a mutual consent divorce mentioned in section 13B. To file a mutual consent divorce petition there is certain steps/procedure to follow as well as requirements that need to be fulfilled and they are as follows: 1. Filing a petition First and foremost, both spouses have to seek a decree of divorce by presenting a joint petition for dissolution of marriage to the family court through a divorce lawyer based on the fact that they have been living apart for a period of a year or more. They may also disclose that living together as couples did not come to fruition and therefore there has been a mutual agreement for dissolution of the marriage. Both parties would have to sign the petition.  2. Appearing before Court and scrutiny of the petition Both parties would have to be present at the family court with their respective divorce lawyer after the petition has been filed. What the court would do is analyze the petition with all the filed documents. The court may even try and reconcile any differences or patch up the strained relations among the parties, although if it's irreconcilable then the divorce case would continue until it reaches its logical conclusion.  3. Order for the recording of statements on oath After the court analyses the petition and it's satisfactory the courts may order the statement of the parties to be recorded under oath. 4. Order on First Motion and elapsing of a period of 6 months prior to Second Motion With the recording of the statements, the court passes an order on the first motion. After this step, a 6 months’ time period is allotted to both parties to divorce prior to filing the second motion. The maximum time period for the filing of a second motion is 18 months from the date the divorce petition is presented in the family court by a divorce lawyer, the only exception being withdrawing the petition unless the petition is withdrawn meanwhile.5. Second Motion and Final Hearing of the MatterWith the decision made to forge ahead with the divorce procedure and be present for the second motion, they can certainly do so and get on with the final hearing. Involved in this step are parties being physically present and statements recorded at the Family Court. Recently, though, the Supreme Court has upheld that the 6 months’ time period that the parties get can be waived off if the courts so wish to. Therefore, in instances of parties genuinely settling their marital issues including alimony, custody of the child or any other pending issues among the parties the cooling-off period of 6 months can be waived off if the courts decide that the waiting period of 6 months would only make them more miserable. Within the period of 18 months, if the second motion is not made, the court will not order any decree of divorce. It's an established law that consent can be withdrawn by either party at will prior to the courts ordering of the decree.6. Decree of Divorce?Both parties in a mutual consent divorce would have to be consenting to get a divorce fair and square without any bone of contention between the parties about alimony, child custody, maintenance, property, and so on. Therefore, a comprehensive agreement among the parties is required for the marriage to be dissolved. After the trial if the court is convinced about the truthfulness of what has been alleged in the petition and that there isn’t an iota of the probability of reconciliation or cohabitation, the courts would then pass a decree of divorce making the divorce final and declaring the marriage as dissolved according to the facts and situations of the case. You may have been unsure as to how to file for divorce or what the exact steps are. However, after reading this blog you would be more informed of the divorce procedure. So, go ahead and retain a good divorce lawyer to get a divorce. 

Posted By

Avik Chakravorty

2 days ago

{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Power of Attorney Lawyers in India

5a8e502774270700687a6629bd100d6d.jpg

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Power of Attorney
  • Property
  • Adoption
  • Advertising
  • Debt And Lending Agreement
Total Answers Given : 14
966a30ce74aa212bb89a08488985470b.jpg

K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Power of Attorney
  • Military Laws
  • Civil
  • Criminal
  • Divorce
Deals in any kind of Armed Forces Tribunal (Court Martial, Disciplinary Proceedings, Disability Pension, Round Off, Transfer etc), Writ, Civil, Criminal, Property, Company C.A.T, S.A.T etc matters. View Full Profile
Total Answers Given : 2
a515a0093ae7c3ce244cced50c734280.jpg

Bharat Majmundar

Advocate
Exp
Vadodara , Gujarat

Specialization

  • Power of Attorney
  • Civil
  • Industrial Laws
  • Family
  • Criminal
• Pleading on the platforms including Civil Suits, Labour Laws, Motor Accident Claims, Consumer Protection Claim, Accident, Cheque Return cases under The Negotiable Instruments Act, Divorce, Documentation, Family Court Cases, Gift Deed, Industrial Laws, Medical Legal Cases, Land related matters et View Full Profile
Total Answers Given : 1
b247ae24b413cdb8fa94ff7247259699.jpg

Debasis Mitra

BA.LLB
Exp
Kolkata , West Bengal

Specialization

  • Power of Attorney
  • Civil
  • Arbitration And Mediation
  • Landlord And Tenant
Debasis Mitra & Associates is one of the most renowned and has experience in the legal domain representing various clients from different court ,forums & Tribunal. We have an extensive network of Lawyers and Counsels for support of our clients throughout India. View Full Profile
Total Answers Given : 1
f865d568f5e4f25ecf632fd1bd207fc8.jpg

Alankar Narula

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Power of Attorney
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • IT Contracts
  • Debt and Lending Agreement
Practicing lawyer in the High Court of Punjab and Haryana, Chandigarh and various other Judicial and Quasi-Judicial Courts across the country. Having worked with Fortune 500 clients, I specialise in corporate documentation and litigation along with general civil and criminal litigation. View Full Profile
9ec13b7b19eb25b710fabfbe50e32550.jpg

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Real Estate
  • Property
  • Human Rights
  • Juvenile
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
04e622fdd68356125b2d68445585dfd2.jpg

Vivek Tanwar

Founder/Director, Law Offices of Kr. Vivek Tanwar Advocate & Associates.
Exp
Gurgaon , Haryana

Specialization

  • Power of Attorney
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Bankruptcy And Debt
I graduated from Maharshi Dayanand University, Rohtak, Haryana in B.A.LLB. (Hons). Since 2000, I've been in active practice and am enrolled with the Bar Council of Punjab and Haryana at Chandigarh. Also, I'm appointed as the SPECIAL PUBLIC PROSECUTOR by the Government of Haryana in some cases. View Full Profile
c5f69fa97eb44e3f6a1132d27dcd1eba.jpg

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Power of Attorney
  • Civil
  • Family
  • Registration
  • Tax-Property Tax
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
001b6ca86a28da1e52672006eb6a2efa.jpg

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Power of Attorney
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Human Rights
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
126b8630a3a8eca0ed73.jpg

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Power of Attorney
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter1
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Power of Attorney?
  • What is the necessity of Power of Attorney?
  • Who can make Power of Attorney?
  • Is registration necessary for Power of Attorney?
  • How Can Power of Attorney be Revoked?

The governing law in this matter is the ‘Power of Attorney Act, 1882’, along with Section 2(21) of the Indian Stamp Act, 1899 as per which Power of Attorney is inclusive of any instrument sanctioning a definite person for acting for & in the name of the person executing it. It is applicable to the whole of India except the State of Jammu and Kashmir.

What is Power of Attorney?


A Power of Attorney refers to an instrument authorizing a person as the agent of attorney of the person granting it. Being a lawyer is not an essential ingredient for holding the power of attorney, and it can be held by any trusted person.

What are the Laws Applicable to Power of Attorney?


The governing law in this matter is the ‘Power of Attorney Act, 1882’, along with Section 2(21) of the Indian Stamp Act, 1899 as per which Power of Attorney is inclusive of any instrument sanctioning a definite person for acting for & in the name of the person executing it. It is applicable to the whole of India except the State of Jammu and Kashmir.

What are the Exclusive Features of Power of Attorney?


  • There are three types of Power of Attorney-
    • General Power of Attorney, which sanctions an agent to take certain general decisions in relation to the subject matter. The scope of powers in such a document has a very wide ambit
    • Special Power of Attorney, refers to an agent being selected by the principal for certain specific acts which are duly mentioned in the document itself. There is lesser scope for misuse & abuse of powers here as the specific powers and scope for decision-making is specified. A person may opt for the option of issuing multiple Special Power of Attorney’s instead of opting for making a General Power of Attorney.
    • Durable Power of Attorney, refers to a special type of arrangement, wherein, the Power of Attorney continues even after the principal reaches a state of mental incapacitation.
  • >A Power of Attorney cannot be used to override a specific provision of a statute which requires that a particular act should be done by a party in person.

    It was observed in the case of ‘ T.C. Mathai v. District and Sessions Judge’that When the Code requires appearance of an accused in a Court it is no compliance with it if power of attorney holder appears for him.
  • The holder of the Power of Attorney can enjoy various legal powers such as; the power of execution of the contracts/deeds and so on, the power of leasing/mortgaging and so on, to file a legal complaint on behalf of the principal by way of suing, the power of filing tax returns, etc.
  • A Power of Attorney can be executed by anyone and the holder can also be anyone, who has the competency of entering into a contract. A Power of Attorney is a legal and binding document, which should be notarized and subsequently authenticated by the registrar/sub-registrar of assurances in accordance with the policies of the ‘Registration Act, 1908’, however the registration of a Power of Attorney isn’t compulsory except in situations wherein an interest regarding an immovable property is created.
  • Non Resident Indian Principals have the option of getting their Power of Attorney attested in the presence of two witnesses at the Indian Embassy of the relevant country

How can Power of Attorney can be revoked?


  • By Acts of Principal, principal revoking it, or him becoming insolvent or of unsound mind
  • When there is a Breach of Contract, the case of Svenska Handelsbanken v. Indian Charge Chrome Ltd. observed that in instance of a Specific Power of Attorney holder acting involving powers which are of the nature of General Power of Attorney then he would have committed a breach of contract.
  • The case of ‘Govindkoss Krishna Koss v. Gopesjhwar lalaji Maharaj’ observed that a power of attorney can be revocable on grounds of gross mismanagement on the holder of Power of Attorney’s part.

What is the Status of Power of Attorney Holder?


Holder of a Power of Attorney is basically an agent, which has been spoken of in Section 182 of the Indian Contract Act, 1872.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter2
Get the best Lawyer
for your Case

Top Responding Lawyers
on Power of Attorney Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
f4352b3f5213161d4c2fbdbf42c86330.webp
Experience: 9 Year(s)
Lawyer and legal associate
Nanded
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 2 Year(s)
As a advocate
Aurangabad
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
ed97dd09ba2326865a4467cbb2e8877b.webp
Experience: 18 Year(s)
Advocate
Chennai
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
e38a8f956f9fe427a840d3e190512525.jpg
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
bd336bec387d2f05221b49b12dd753ed.jpg
Experience: 30 Year(s)
Senior Lawyer
Mumbai City
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
a8dca2c18203df377dde5d14d28b90c3.jpg
Experience: 20 Year(s)
Additional public prosecutor/Advocate
Bhubaneswar
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
e1faea120ac480a0594c59e93b2659d2.jpg
Experience: 1 Year(s)
ADVOCATE
Mumbai City
9996172c654e9a8761b0.jpg
Experience: 38 Year(s)
Advocate
Bhubaneswar
88758d8abcf72f97a1c0302bb8aba8e5.jpg
Experience: 15 Year(s)
Advocate High Court
Allahabad
9993168990e69e3a3c9fc8ac69e9be4d.jpg
Experience: 33 Year(s)
Lawyer
Lucknow
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us