Is a notarized power of attorney valid for executing a Sale Deed?

A notarized power of attorney is accepted for executing a Sale Deed if the Power of Attorney originates from abroad.

For Example: My client Mr. Arun and his wife Mrs. Shetal live in Australia. They jointly own a 2BHK flat in Bangalore. They decided to sell their flat using a Special Power of Attorney (SPOA)

They executed a “Special Power of Attorney” before Notary public in Australia. We highlighted the notary attestation in below SPOA for your reference

Using the above SPOA, we executed the Sale Deed at the sub registrar's office in Bangalore. We highlighted the SPOA description in the Sale Deed below for your reference

Most of the sub-registrar offices do not accept the Power of Attorney executed before Notary public in India to register Sale Deed

For Example: one of my clients wishes to sell his property in Bangalore; he is a resident of Mysore. At the time of Sale Deed Registration, he will not be in India; instead, he will be in New Jersey, USA.

He granted his brother General Power of Attorney (GPA) to register a sale deed. Before departing the country, he executed the GPA on Rs. 200 non-judicial e-stamp paper before notary public in Mysore. Refer to the below GPA image

Now, the sub-registrar rejected the above GPA for the registration of Sale Deed. We highlighted the remark in the below image, which says “Not upload proper POA”. This means the sub-registrar requests us to upload the registered Power of Attorney.

My client would have registered the GPA at the sub-registrar office in Mysore instead of notary attestation, It would have cost him less than one thousand rupees to register a GPA in Mysore. Now we are working on the GPA in New Jersey, It is costing him $250 for notary and $50 for shipment which is around INR 25,000 in Indian currency.

My client would have avoided this hefty expense if he had registered the GPA instead of notary in India.

The Registered GPA looked like the image below; we registered this GPA for another client at JP Nagar sub-registrar office.

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