Rajendra Nath Dikshit

 rajendra Nath dikshit

 8 Years Exp

 General Power of Attorney (Show More)

 Gurgaon , Gurgaon Sector 45

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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 : rajendra Nath dikshit

Law Firm Name : Rajendra Nath Dikshit

Country : India

City : Gurgaon

State : HARYANA

Practicing Since: 2017

About Your Firm : I am a retired Chief Manager from PSU Bank having a long experience in the line of verification of property/revenue matters as i was posted as branch incumbent for last 15 years and handelled various credit portfolios.

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  Procure Specific Property Document(s) ( Certified copy of registered documents )
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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 Rajendra Nath Dikshit :  You may apply for succession certificate in local court, after getting the same in your favour, you will be absolute owner of the house.

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 Rajendra Nath Dikshit :  You can get it registered for 27 lacs but you have to pay stamp duty on 36.00 lacs i.e. as per circle rate.

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 Rajendra Nath Dikshit :  Now, you can go to the court claiming the plot be registered in your name otherwise your money should be got refunded.