Registration of POA compulsory for giving flat on Rent?
Thursday, April 22nd, 2010 at
8:40 am
I have decided to give my flat in Pune on rent. My father has my PoA to conduct the transaction on my behalf. However, i have heard that the PoA needs to be registered. Only then it can be accepted as a legal document. Is this true? Is there any other way to make the deal since i am staying outside India and cannot visit the country in the near term?
Rent Back Fast
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Filed under: flat rent back
not necessary.
Registration of Rent deed which is for more then one year or any document pertaining to this deed where one of the party is the real owner, has given power of attorney to another person to enter in any form of agreement for rent of more then one year with regard to his immovable property, in all such cases the Rent Deed as well POA has to be registered not otherwise.
The usual practice of giving on rent any immovable property, flat etc is done on eleven months basis, this is renewed again after the stipulated period by parties. In such cases the Rent Deed is not got registered but only signed by the landlord/owner/power of attorney holder & the tenant, got notarised by local Notary Public.
POA with regard to the immovable property where sale of property or leasing for more then one year has to be done has to be duly signed & registered by the real owner of the property.
As far the POA given from out of India need not be registered but duly notarised by Notary Public of the foreign country or attested by the Indian High Commission/Indian Embassy/Indian Consulate. The POA given from “out of India” is on plan paper however in case a registered POA has to be “given from India” has to be on the non judicial stamp paper of the value applicable in the particular state in India.