With the upcoming shifts of economy from rural to urban and the burgeoning opportunities in urban areas it has become obvious to people to shift their stay in a big urban cities than the rural ones. Accordingly in recent years we are seeing more and more people shifting to urban areas for education, jobs, businesses and many more reasons.
Due to this population flow, demand for properties on rent has increased rapidly. People are demanding properties for residential as well as for non residential purposes. However as mentioned earlier, urban shift is also applicable to most of the property owners & accordingly they are also many times situated in different cities or countries for employment or other purposes. In such scenarios when one of the parties to the rent agreement are not available physically, at the time of rent agreement registration then it becomes difficult to execute rent agreement and get it registered.
In the given article we will see how one can solve this demographic barrier and get his rent agreement registered even if he or she is located in different city or country other than where the property is located.
Rent Agreement Registration On The Basis Of POA
There are two ways one can make and register a rent agreement in Maharashtra, thanks to the online method of rent agreement started
by Maharashtra government.
1. Through POA 2. Biometrics are done by a person in that specific different location
Second way is pretty simple , straight forward and less costly where the ASP or the rent agreement registration agent visits you at different city or location where you are situated and takes your thumb biometrics and photo. In such case the agent would carry his own laptop and UIDAI registered biometric device with him and complete the whole process. Even if this process sounds simple and straight forward still their may be times when the city or location where you are located is out of Maharashtra or India and it is practically not possible to do such biometrics for agent.
(We at Consultaxx have made it a point to provide rent agreement at maximum locations we can, including whole of Maharashtra , Delhi, Gujarat, Bangalore in India and out of India viz: Dubai, Sharjah, Abudabhi, USA. People located in these locations can book and execute whole of online registered rent agreement without physically making the POA.)
Now the first way i.e: Registering rent agreement through POA. POA in such cases needs to be done in foreign country(if person is out of India) or before subregister in India, and needs to attested by the lawyer and the Indian Embassy official residing there. Overall this way is bit costly but is a permanent solution for people who are residing in foreign or out of the city where property is located.
What is POA?
POA stands for power of attorney. As the name suggests it is a document through which we can give someone else the power of being attorney for other person. Means we can give specific rights to other person to perform such acts as we feel right and are necessary.
Their are two types of POA :1. General power of attorney 2. Special power of attorney
In case of general power of attorney we give a blanket approval to person to do all such acts that are necessary in relation to the property or a an event. For eg: One can give a POA to buy and enter into a purchase deed on behalf of other person, so in this case the person who has POA can get into an agreement with builder or property seller, appear before registration authority to register the document, and do all such acts which are necessary for owning that particular property.
In case of special power of attorney, one can give a specific rights only to a person related to an event or property. For eg: In case of POA for rent agreement for India ,a person residing in Dubai can give a specific right to a Indian person to just execute and appear before registering authority on behalf of one person at the time of registering rent agreement, or one can specific right to appear on behalf of himself to some specific government department etc.
Hence as explained document through which one can given other person a specific or blanket right to act on his behalf is called as POA.
Who Can Make A POA?
POA can be made by a person who wants to authorise other person to appear before registering authority to make rent agreement. The POA making person can be any party tenant or owner. Generally POA for rent agreement is made by :
1. Owner of property who is residing in foreign or other city than propertys location and he himself cannot be physically present at the
time of registration of rent agreement
2. Owner of property who is available but due to age or other reasons his biometrics cannot be verified with UIDAI or cannot be taken.
Should POA For Rent Agreement For India be Registered?
POA if is done by a person in foreign land and is attested by foreign advocate and appostiled then registration of POA at the sub register in India is not required.
However if a Indian resident makes a POA then it should be mandatorily registered with the registering authority by visiting them.
In case of rent agreement however , POA from foreign which is not registered and POA from Indian resident with the declaration of the same day of execution are enough for POA for registering the rent agreement document.
What Is The Cost Of POA For Rent Agreement?
POA done in foreign land for India generally will cost on an average between 7,000Rs to 20,000Rs. POA which is done in India by a Indian resident will cost you much less and can be upto 5000 to 7000Rs approximately.
Notarized POA and declaration which is sufficient for Indian resident POA would cost you around 3000Rs.
The cost given is indicative only and not fixed rates. One should apply his own judgement and knowledge while choosing and executing POA.
To Whom Can Be A POA Given?
POA can be given to any person. However POA for rent agreement is prefrrable to be given to any person who is easily available
during rent agreement, the person can be :
3. Property Management Agency
What Precautions To Be Taken While Giving POA For Rent Agreement?
When you are giving POA only for rent agreement, then it is preferable to give a special power of attorney related only to execution of
rent agreement and that also for a specific period. One should always check, the credibility of person to whom POA is given, duration for which POA is given, and lastly that no wordings in POA is confusing and giving any other right to POA person.
Generally POA is risk free method as POA rent agreement has become very common now and every person knows its limitaitons and boundaries.
Is it Legal To Make POA Based Rent Agreement?
It is absolutely legal and safe to make a rent agreement through a POA. By this method you can easily give rent agreement making and
property maintenance rights also to a property manager and can ensure legal way of registering the rent agreement without wasting your time and energy. We at consultaxx help people get agreement registered through POA and also take POA to make rent agreement and maintain specific properties
As explained above POA for rent agreement for property situated in Mahrashtra, India can be done in many ways and is absolutely legal. Even if it seems a costly affair still it is one time cost and gives you a long term convenience to execute rent agreement by sitting in a foreign land.
You can get POA for rent agreement and general POA information more from Indian embassy sites of specific countries by clicking the links as below
1. POA for India from USA: https://www.indianembassyusa.gov.in/extra?id=10
2. POA for India from UAE: https://www.cgidubai.gov.in/page/attestation-services/
3. POA for India from Japan: https://www.indembassy-tokyo.gov.in/consularandpassportservices.html
You can get your rent agreement registered through POA from us. Click here to know more.