Lawstreet Journal

Power Of Attorney Executed Outside India If Not Duly Stamped Within 3 Months Of Receipt In India Will Be Impounded And Charged Penalty: Andhra Pradesh High Court [Read Order]

Lawstreet Journal 3 Apr 2022 6:29am

Image courtesy: Lawstreet Journal Judiciary Power Of Attorney Executed Outside India If Not Duly Stamped Within 3 Months Of Receipt In India Will Be Impounded And Charged Penalty: Andhra Pradesh High Court [Read Order]

Recently, the Andhra Pradesh High Court ordered the impounding of Power of Attorney (GPA) which was executed outside India. The General Power Of Attorney was not stamped within 3 months after it had been first received in India as per Section 18 of Indian Stamp Act, 1899.

"Though the instrument was executed outside India and it was not duly stamped and presented before 3rd respondent within the period of three months, the said authority can impound the same and collect the required stamp duty and penalty and validate the document."

It was made clear by the Court that the Registrar's action in rejecting the document cannot be countenanced.

FACTS OF THE CASE IN BRIEF

It was challenged in the writ petition that the District Registrar, Vijayawada refused to receive the General Power of Attorney which was executed by the writ petitioner's sister who was a resident of Canada in favour of writ petitioner authorizing him to act as her General Power of Attorney to sell her residential property.

The General Power of Attorney was rejected on the ground that it was executed, notarized and the same was received in India by 6th March 2020. But the GPA was presented on 21st December 2021 which was more than 3 months after the document was received in India for validation purpose. It was said to be violation of the Indian Stamp Act, 1899. As the document was presented after expiry of limitation period of 3 months as envisaged in Section 18 of Stamps Act and the… Continue Reading...


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