Legal Question in Wills and Trusts in India

Poa specific & general

My uncle (Father's brother) has share in property, which I also have share due to hereditary. He stays is Karnataka. (i) Can he give specific POA in my favor, (since Karnataka stamp duty says that nearest relative can execute specific power @ Rs.100/- stamp paper) at Karnataka? If so, what is the stamp duty to be paid. or Is it advisable to register general POA at Karnataka? If it regd at Karnataka, can the property at Tamilnadu be transferred to 3rd party by me? Pl advice.


Asked on 9/12/08, 5:39 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Poa specific & general

Contact a local advocate as your case pertains to karnatak state

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Answered on 9/12/08, 5:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Poa specific & general

PoA can be executed anywhere in the world; but transfer shall be only in TN. The PoA is just an instrument to facilitate transfer;

You should draw a "family settlement" in which your uncle withdraws his share by way of relinquishment in your favour. On the basis of that document, you may approach the local authorities in TN for transfer of title in your name.

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Answered on 9/12/08, 5:50 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Poa specific & general

yes he can give specific POA in your favour on Rs. 100 stamp paper and get it registered . Yes a registered POA can transfer the proeprty anywhere it is situated

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Answered on 9/14/08, 1:26 pm


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