Gunjan

 gunjan shah

 21 Years Exp

 General Power of Attorney (Show More)

 North 24 Parganas , Bidhan Nagar

 View Answers by this Partner (8)

 Profile Views : 12830

Information

Overview

Where the principal authorises the Attorney to do certain general acts on his behalf. The word "General" here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter.

Either you can give a GPA for all your properties, banking transactions, tax matters, registration, legal disputes and court matters etc. Or you can give a general power to any one category like only for all property matters or only for all Banking processes etc. This type of Power is very wide and has lot of risk if the Attorney is not a trustworthy person.

General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act.

A person who has attained majority may execute power of attorney in favour of another person who has attained majority including family members like brother, sister, father and mother to act on his behalf. If a power of attorney is executed to sell property in favour of relatives other than those mentioned above, 2 percent stamp duty shall be paid on market value of such property.

If a power of attorney is executed in favour of developers, Builders of apartment, 4 percent stamp duty shall be paid on market value of such property. (see article 5(f) & 41(a), 41(ea), Schedule to Karnataka Stamp Act 1957).

a.GPA automatically gets cancelled on the death of Executant.

b. Principal (Executant) may cancel it any time.

If the Power of attorney is executed for consideration in respect of property it cannot be unilaterally revoked, prejudicial to the interest of the agent (See Sec.202 of Indian Contract Act, 1872).


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Name : gunjan shah

Law Firm Name : Gunjan

Country : India

City : North 24 Parganas

State : WEST BENGAL

Practicing Since: 2004

About Your Firm : Legal degree with knowledge in Computer Application. A combination of Legal Knowledge and Computer Expertise will help me in performing any Legal Jobs, be it in IT or Non-IT sector with ease and confidence. Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters, both as representing counsel and also as Arbitrator.

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 Legal & Drafting

  Consultation on Property ( Property Buying )
  Agreements/Deeds ( Gift Deed )
  Registration Assistance ( Plot )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Legal Opinion (Written) ( Plots )
  Consultation on Property ( Property Selling )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Registration Assistance ( Apartment )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Legal Opinion (Written) ( Apartment )
  Procure Revenue Documents ( Mutation )
  Agreements/Deeds ( Construction Agreement Review )
  Registration Assistance ( Villas )
  Lease/Rental Agreements ( Room Rental Agreement )
  Legal Opinion (Written) ( Villas )
  Power of Attorneys ( General Power of Attorney )
  Agreements/Deeds ( Rectification Deed )
  Registration Assistance ( Independent House )
  Lease/Rental Agreements ( Office Sharing Agreement )
  Legal Opinion (Written) ( Independent House )
  Power of Attorneys ( Special Power of Attorney )
  Agreements/Deeds ( Relinquishment deed )
  Registration Assistance ( Agriculture Land )
  Lease/Rental Agreements ( Car Parking Agreement )
  Legal Opinion (Written) ( Agriculture Land )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Agreements/Deeds ( Mortgage Deed )
  Registration Assistance ( Commercial Property )
  Lease/Rental Agreements ( Settlement Of Rental Agreement )
  Legal Opinion (Written) ( Commercial Property )
  Construction Approvals ( Residential )
  Agreements/Deeds ( Exchange Deed )
  Registration Assistance ( Revenue/Other Site )
  Lease/Rental Agreements ( Paying Guest Agreement )
  Legal Opinion (Written) ( Revenue/Other Site )
  Construction Approvals ( Commercial )
  Agreements/Deeds ( Release Deed )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Lease/Rental Agreements ( Leave And Licence )
  Agreements/Deeds ( Agreement of Sale )
  Wills ( Make A will )
  Agreements/Deeds ( Partition Deed )
  Lease/Rental Agreements ( House Rental agreement )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Lease/Rental Agreements ( NOC From Landlord )
  Agreements/Deeds ( Construction Agreement )
  Wills ( Make A Codicil )
  Agreements/Deeds ( Memorandum of Understanding )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Packages ( Sale Agreement to Registration (Apartment) )
  Lease/Rental Agreements ( Other Lease/Rental Agreements )
  Agreements/Deeds ( Sale deed )
  Notary & Attestation Services ( Get A Document Notarised )
  Agreements/Deeds ( Joint Development Agreement )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Packages ( Legal Opinion to Registration (Apartment) )

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Gunjan :  The property becomes vested in the name of your grandfather by way of inheritance. You need not do anything. Just apply for mutation of the property in name of your grandfather.

Subject :  construction issues
Question :  we are living in an old house which was built many yrs ago( more then 40yrs).we have common walls with our neighbor.Now he is building his house in our area,always trying to prove that he is not doing so nd even he is doing favour leaving his space in between.he is not constructing a straight walls.he has built ground floor taking 3 inches of our space from back and according to that our front is decreased but his size is correct which may be due to the old construction of neighbor next to him.

Answer by Gunjan :  If your are aggrieved by the construction, please approach the local Municipality/Panchayat. If you are still not satisfied, you can file a suit for declaration and injunction in the appropriate Civil Court of Law.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Gunjan :  Yes, you are right. Accepting a higher amount of money than you are actually getting means you will be liable to pay long term property taxes upon the excess amount also.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Gunjan :  Cost of drafting a rental agreement would be Rs. 10000/- only. It takes 2-3 days to prepare the agreement.

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Gunjan :  Yes, you can specify any future property that you anticipate to get in your Will.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  I have already answered this question.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered..