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Procedure for a power of attorney
Source : The Hindu Property Plus Published On : 2007-12-29 City : Chennai

My mother is Resident Indian and is with me in the USA currently. She would like to give Power of Attorney to my father for a land that she owns. How should we proceed? What are the forms required? Where can we get them?

Saranya
 

Our panelist, Mr.R.L.Narayanan replies:

 

            The process of executing a Power of Attorney is quite simple. Your mother can have a Deed of Power of Attorney made, which includes powers granted in favour of your father to sell the property, receive the sale consideration, execute and register Sale Deeds, etc. The powers conferred can also include other aspects relating to sale as may arise in usual course. It is advisable to have this registered as it has better acceptability in the market. The Agent need not attend the registration.

 

NRI’s Query:

 

            I am an NRI. Kindly confirm whether I am allowed to invest in land in the areas such as Sriperambadur / Chengalpet in Chennai considering that these are industrial sites and no more agricultural / plantation activity takes place there.

          Balaji.
 

Mr. Narayanan replies:

 

            This classification does not relate to the locality. This is specific to the property that you choose to buy. As such, if the property that you are buying is a housing plot or a commercial or an industrial site, no prior permission is required.

 

Conversion into flats:

 

          I am planning to convert two grounds (currently has an independent house) into a flat. I am trying to approach some flat promoters for the same. I want some help in understanding what all things that I should be looking for. I need to know what questions I should be asking and what is the general procedure for it. I also want to know details like what is the standard split % etc.

          Bharathwaj Kannan.

 

Mr. Narayanan replies:

 

          Your query is too broad and pertains to matters which can only be decided by you. However, you may check with the builder on the aspects of the share that you will get; the costs, if any, from our end; a firm time for completion; the location of your flats; the specifications; the general rate at which the builder may sell the share of the builder; deposits payable on your account; marketing arrangement, if any, for your share and matters relating to documentation.

 

Unauthorized Construction:

 

          I am having one flat and wish to sell it. However, my builder has applied for regularization as my flat is on 3rd floor. Since the court has stayed the regularization, can I sell my property? Is it possible for the buyer to sue me in case the building comes under demolition? I have decided to inform this deviation to the buyer before selling by writing.

          Guru.
 

Mr. Narayanan replies:

 

          This is a matter which is base on understanding. If you have made a full disclosure and there is a willing purchaser who is also willing to take the risks involved in the transaction, then such a purchaser may not be able to sue you on this aspect. The matters you must consider are total transparency and the fact that there would not be any recourse to you in the event of things going wrong. Suitable and proper documentation has to be made in this regard. Notwithstanding this, the buyer may have certain independent rights to sue you on other aspects of sale.

 

An NRI’s query:

         

          I am 75 year old now. I spent 17 years with Kuwait Oil Company. On my return in1972, purchased one and a quarter ground and put up a residential accommodation for my own use. Three of my children are Naturalised American citizens. Myself and my wife were issued with a green card on 22.08.2004 by US. So I am trying to sell the immovable property I owned for over 30 years. Can I purchase a flat here itself; and avoid paying capital gains tax or I must pay capital gains tax irrespective of purchasing the flat? I get different view. Some feel I cannot avoid paying capital gains tax and some feel if I reinvest in a flat I do not have to pay the tax.

          K.E.Seshadri, Adayar, Chennai.

 

Mr. Narayanan replies:

 

          It is advisable for you to take the consultations of a Tax Expert providing all the details and attendant facts and circumstances. However, generally speaking, there may not be an incidence of capital gains tax, if the proceeds are being reinvested within the time specified, in a residential property.

 

Could you clarify?

 

          Could you clarify on the Power of Attorney in a land deal? Could you please let me know, whether the POA gives the right to register Land/ property instead of the real owners?

          Robinson

Mr. Narayanan replies:

 

          I think that your query is to the effect as to whether a person, by virtue of being a Power of Attorney becomes the owner of the land? A Power of Attorney holder does not become the owner by himself. However, if your query is in the nature of seeking a clarification as to whether a power of Attorney can sell the land on behalf of the Principal by executing and registering Sale Deeds, etc, this can be done provide a clear power to do so is conferred in the document.

 

Rectification deed:

 

I bought a plot in Hyderabad which I intend to sell now after 4 years. On scrutiny, it is revealed that while the EC/ Link documents and the schedule of property as indicated in the sale deed is correctly mentioned, the plan shows two boundaries wrong with wrong plot numbers. However, to get the rectification deed executed, few of the 12 members who were the vendors have gone abroad and it is also not possible to obtain GPA from them. How do I execute a rectification deed?

 

As an owner can I draw a rectification deed by myself attaching the correct Encumbrance certificate / link documents / schedule of property since there is only a change in the adjoining plot numbers and I am attaching the proof.

 

If at all this can be done, it is possible under which rule / clause? If not, what is the way out?

 
Sandeep Yenireddy
 

Mr. Narayanan replies:

 

          If your vendors are not available to execute the Rectification Deed, you have to obtain suitable orders from Court, rectifying the errors.

 

          This cannot be made as a document from your end. However, certain options to correct the errors in a prospective document may be available. Please check this aspect with your Lawyers.

 
 
Kottivakkam – Guideline
 
 

Name of Street       

Rs. / Sq.ft / Sq.mts

 
A G S Colony 1st Cross St
1800.00
19380.00
A G S Colony 1st St 1800.00 
19380.00
 
A G S Colony 1st Main Road 
2000.00
21530.00
 
G S Colony 228/12 Beach side
2500.00
26910.00
 

A G S Colony 2nd & 3rd St

 
1800.00
19380.00
A G S Colony 2nd Cross St
 
1800.00
19380.00
A G S Colony 2nd Main Road
 
2000.00
21530.00
A G S Colony 3rd Street
 
1800.00
19380.00
A G S Colony 3rd Cross street
1800.00
19380.00
A G S Colony 3rd Main Road
 
2000.00
21530.00
A G S Colony 4th  Cross St
 
1800.00
19380.00
A G S Colony Main Road
 
2500.00
26910.00
Anna Nagar Main Street Road
1000.00
10765.00
Anna Street
1500.00
16150.00
Annai Sathiya Street
1000.00
10765.00
Bay Watch
1500.00
16150.00
Beach AGS Colony 1st Cross St
2000.00
21530.00
Beach AGS Colony 2nd Cross St
2000.00
21530.00

Beach AGS Colony 3rd Cross St

2000.00
21530.00

Bharathai Avenue

1500.00
16150.00
Plots Government Wasteland D
2500.00
G I Layout Main Rd
26910.00
D G I Layout Main Road
2500.00
26910.00
D G I Layout Survey Road
2500.00
26910.00
D.E.D 10th Street
2400.00
25835.00
D.E.D 11th Street
2400.00
25835.00
D.E.D 1st Cross Street
2400.00
25835.00
D.E.D 1st Street
2400.00
25835.00
D.E.D 2nd Cross Street
2400.00
25835.00
D.E.D 4th Street
2400.00
25835.00
D.E.D 5th Street
2400.00
25835.00
D.E.D 6th Street
2400.00
25835.00
D.E.D 7th Street
2400.00
25835.00
D.E.D 8th Street
2400.00
25835.00
Dynavision Electronic main road
2400.00
25835.00
Elango Nagar
1000.00
10765.00

Elango Nagar Canal Road

1000.00
10765.00
 
Guideline – Adyar
 
 

NAME OF STREET

Rs. / Sq.ft / Sq.mts

 
1st Loop Street
2500.00
26910.00
2nd Loop Street
2500.00
26910.00

Acquantic Complex & Sardar Patel Road, Velachery Road

4500.00
48440.00
 

Alandur Road

2500.00
26910.00

Ambadi Road

4250.00
45750.00

Ambethkar Street

1500.00
16150.00

Anchaneyar Kovil Street

1750.00
18840.00
Annasalai
8850.00
95265.00

Arulalamman Pettai Street

1500.00
16150.00

Balakrishnan Lane

2000.00
21530.00

Bharathi Nagar Krishnamurthy Street

2200.00
23685.00

Bharathi Nagar Main Road

2200.00
23685.00

Bharathi Nagar Nethaji Street

2200.00
23685.00

Bharathi Nagar Tank Square Street

2200.00
23685.00
Chitra Nagar
2000.00
21530.00
Circular Road
2200.00
23685.00

Cresent Road

3000.00
32295.00
EWS Quarters Kotturpuram
2200.00
23685.00

Gandhi Mandabam Road

4250.00
45750.00

Karunanidhi 1st Street

1750.00
18840.00

Karunanidhi 2nd Street

1750.00
18840.00

Karunanidhi 3rd Street

 
1750.00
18840.00
Kottur Garden 1st Main Road
4500.00
48440.00
Kotturpuram Slum Clearance Board
1500.00
16150.00
Kotturpuram Suriya Nagar Perri Salai
3000.00
32295.00
Lock Street
3000.00
32295.00

Loop Street

2500.00
26910.00

M.G.R. Street

1500.00
16150.00

Murugappa Road

4250.00
45750.00

Muthiyalu Raja Street

2000.00
21530.00
Naidu 1st Cross Street
2500.00
26910.00

Naidu Lane 1st Street

2000.00
21530.00

Naidu Street and 4th Main Road Extn

3000.00
32295.00

Narasimma Pillai Street

1750.00
18840.00

Pondicherry Road

2500.00
26910.00

Ponni Ammal Kovil Street

4250.00
45750.00
Race Cource Salai
3600.00
38755.00
Race View Road
3600.00
38755.00

Ranjith Road

4500.00
48440.00
River Side Road
4500.00
48440.00

Sarthar Pattel Road

8850.00
95265.00

Selvaranga Raja Street

1750.00
18840.00
Thandayudapani Nagar
4250.00
45750.00
Thiru.V.K.Estate
2500.00
26910.00

Thiruvalluvar Nagar 1st Street

2500.00
26910.00

Upparpalayam Anna St

2000.00
21530.00

Varathapuram 1st street

2500.00
26910.00

Vellaiyan Road

4250.00
45750.00

Yadhaval 1st Street

2000.00
21530.00
Yadhaval 2nd Street
2000.00
21530.00
Yadhaval 3rd Street
2000.00
21530.00
Yadhaval 4th Street
2000.00
21530.00
Yadhaval Street
2000.00
21530.00
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