Many property owners believe that a Power of Attorney (POA) given to a family member does not need to be registered because there is already a relationship of trust. They assume that executing the POA on e-Stamp paper and getting it notarized is sufficient.

However, this is a common misconception that can prevent property registration.

If you are planning to authorize your family members such as father, mother, spouse, brother sister, son or daughter to sell, buy or bank purposes (home loan) in Karnataka. it is mandatory to register the POA at sub registrar office

Watch our Video Guide:

What Is a Power of Attorney?

A Power of Attorney (POA) is a document through which one person (the Principal/Executant) authorizes another person (the Attorney Holder) to act on their behalf.

The attorney may be authorized to:

Sign a Sale Agreement
Execute and register Sale Deed
Collect sale consideration
Home loan closure such as Discharge Deed Registration
Delivery of Possession

Advantages of Registering a Family Power of Attorney

You may have certain advantages of giving power of attorney to family members such as:

Concessional stamp duty
family members are considered trust worthy
Accepted by sub registrar office for property registration

A Real-Life Example

One of my clients, Mr. Anish, reside in London and owns a resident flat in Bengaluru.

He had travelled to India for a short vacation and wanted to sell his property. Since he could not travel to India repeatedly to complete the sale process, he decided to execute and register a General Power of Attorney (GPA) in favour of his father.

The registered GPA authorized his father to:

Negotiate the sale consideration with prospective buyers
Execute and sign the Sale Agreement
Execute and register the Sale Deed
Receive the sale consideration on behalf of the owner
Hand over vacant possession of the property
Close the existing home loan
Collect the original property documents from the bank
Complete all registration formalities before the Sub-Registrar

Conclusion

Giving a Power of Attorney to a family member does not mean that registration can be avoided. If the POA is intended to be used for property sale, Sale Deed registration, home loan closure, or other registration-related purposes in Karnataka, it is important to properly register the POA at the Sub-Registrar Office.

Need Assistance with Power of Attorney Registration?

Call / WhatsApp: +91-9742479020
Email: pgnproperties@gmail.com
Website: https://pgnpropertymanagement.in/

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