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Property seller lives in USA having joint ownership property in Bangalore. Both are unable to come for Registration of Sale Deed, They wants to give GPA to Buyer. Please clearify:
1-Can Buyer represent Seller ?
2- Stamp duty paid for GPA registration adjusted at the time of Sale Deed Registration?
3-Any other option if any ?
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

you need to execute POA in favour of family member

2) buyer cannot represent seller

3) stamp duty for GPA is nominal amount if executed in favour of family member

4) it would not be adjusted at time of registration

Ajay Sethi
Advocate, Mumbai
99954 Answers
8158 Consultations

1. GPA can be given to anyone, but since this is a transaction of sale it will not be wise on your part to execute the sale deed in your favour for and on behalf of the seller. It should be executed in favour of a blood relative by the seller.

2. Furthermore, if GPA is in favour of a person who is not a blood relative of the principal then it will entail higher rate of stamp duty.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

No, buyer and seller cannot be same person. GPA holder acting on behalf of owner(seller) cannot registered sale deed in his favor - issue - seller buyer same

Yes, stamp duty will adjust.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

let the sellers sign the sale deed in the foreign country before the Indian consulate there

they can then courier the signed agreement to you in India

simultaneously they can also execute a power of attorney in favour of buyer or any other person for purpose of admitting execution before the registrar of the sale agreement

this power of attorney has to be apostilled and then attested by indian consulate

both the signed sale agreement and attested POA can then be sent to India

the buyer can then lodge the sale agreement with registrar for registration and complete the registration formalities using the POA granted by sellers

Yusuf Rampurawala
Advocate, Mumbai
7918 Answers
79 Consultations

Sale cannot take place by General power of attorney. They have to make special power of attorney mentioning selling rights to attorney.

Otherwise they can do registration by digital signature from wherever they are without giving any POA.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Hi, the seller can give GPA to any of his representative but not to the buyer .. The Stamp fee has to be paid to the government at the time of sale deed

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

As per Supreme Court latest decision that GPA for sale deed is not valid. Because so many litigation cases are pending in the courts.

So better to ask both owner come in india for 1 week leave and make sale deed registered.

You can prepare legal documents and check with registrar sale deed registration date and than call them in India.

We will prepare sale deed documents for you in reasonable rates.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. There is no legal infirmity in the seller giving power of attorney to the buyer himself for selling the property.

However since the property owners are in abroad, the power of attorney they may execute in that country has to be registered in India.

In that event the registrar may raise a serious doubt about the validity of the GPA and the subsequent sale deed, the sub-registrar may even refuse to register the sale deed citing the suspicions as a reason.

Then you may have to prefer an appeal before the district registrar or the Deputy general of registration.

It will be a tedious process, hence better avoid risk and look for some other person to act as GPA.

2. The stamp duty paid for GPA will be to that document alone and it cannot be adjusted in the registration of sale deed.

3. You name, you will get suggestions.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

1. Yes the buyer can represent the seller through power of attorney.

2. No separate stamp duty has to be paid for sale deed and power of attorney,

3. TO save the stamp duty the POA can be given to the relative of the seller in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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