• Purchase of apartment from GPA owner - blood relative

Hi sir,
I am planning to purchase a apartment from Mr Ramesh,Tanisandra bangalore. Apartment is registered in name of swathi and nagesh. Swathi is sister of Ramesh and resides in US. Swathi has given GPA to ramesh in 2011 for doing bank transaction on her behalf for booking an apartment. However can you please tell me;
1.) Can i purchase apartment on based of this GPA issued by owner to her brother.
2.) Whether GPA dated 2011 is valid till date also. 
3.) Can i take some additional undertaling from owner swathi as such letter etc so that any complications doesent arise in future
Asked 3 years ago in Property Law from bangalore, Karnataka
Religion: Hindu
1)both Swathi  and Nagesh have to give POA to Ramesh to sell the property . 

2) the POA has to be registered .

3) if POA is only for booking apartment and doing bank work Ramesh cannot sell property standing in name of his ister and brother in law 

4) consult a local lawyer before taking any decision 

5) go in for bank loan for purchase of property . bank will do due diligence before sanction of loan
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. Is the GPA registered?.
2. If it is a registered GPA and if there is a specific clause authorising Ramesh to sell the particular property(apartment) on behalf of Swathi, then it will be valid.
3. The GPA dated 2011 will be valid if Swathi' s GPA is authenticated by Consulate General of India in US and the same has to be adjudicated in India.
4. You can take an Affidavit or letter from Swathi for your satisfaction.
5. Please also ensure that the given GPA is not yet revoked.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

1. The content of the GPA is required to be perused for giving proper advice,

2. If the said GPA does not authorise the holder to sell the said property, then he can not sell it,

3.No. She has to execute a fresh GPA authorising her brother, inter alia, to sell her said property and do all acts for the said purpose,

4. Since she is in US, she has to execute it before the indian consulate and send it to him and her brother shall have to get the said fresh GPA authenticated by the local SDM.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

A. Would you confirm the GPA is registered or not and duly stamped or not? Is there any clause in respect of power delegation towards the Selling the flat in favor of the GPA holder i.e, Mr. Ramesh? 

B. You have to get survive Certificate of Mrs. Swathi because of the validity of GPA.

C. However, in case the GPA is valid in the eyes of law, you have to get the registration of the flat from the Mr. Nagesh and Mr. Ramesh.
B.T. Ravi
Advocate, Bangalore
835 Answers
57 Consultations

5.0 on 5.0

Hi, you can purchase the property through GPA holder provided you must see in the GPA whether sale clause is there or not.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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