• Private question

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 Non Blood Relation. Please clearify the process:
Can seller save stamp duty and registration charges required for GPA ?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

if GPA is given to non family it would attract higher stamp duty . In case of a GPA in favour of a family member (father, mother, husband, son, daughter, brother and sister), for sale of a property in Karnataka, the stamp duty applicable is Rs 100

2) In case of a GPA in favour of some other person for sale of property in Karnataka, the stamp duty applicable is as on the sale deed on the market value of the property plus one percent towards registration charges on the market value of the property.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 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
30840 Answers
981 Consultations

Dear Client,

No way out to exempt stamp duty, it will be 3% + 1% and when on the basis of it registered GPA, sale deed will execute with some buyer than this stamp will waive i.e instead of 5% + 1% only 3% stamp duty will payable.

5 % + 1% will definitely be levied on registration of sale deed, duty paid on GPA can be recover from purchaser.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The payment of stamp duty is your part in a sale registration.

A valid GPA issued to any blood relative will be good enough verified by the Indian consulate in US registered in the registrar office of the concerned registrar office on payment of required stamp duty.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Unless the constituted attorney has an interest in the property, a non - related person can be appointed as POA holder .

2. So the seller can give POA to his relative for the purpose of making this transfer but he gives POA to his non relative then do not go to purchase this property.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 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

The POA holder may perform all the formailities on behalf of the sellers in Bengaluru.

Let the sellers execute a GPA in US and the same must be attested by the Indian Embassy and sent to the POA holder in India.

On the basis of the above GPA, the POA holder will be duly empowered to perform all the formalities wr.t. sale of this property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir

The GPA can be done USA and notarised copy may be sent to India for property registration may allow the non blood relationship to register the property and stamp duty.

Contract for the draft of GPA

Feel free for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

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. If they can not come to India and they do not have any blood relative in India, then they can execute and register a POA in favour of non blood related person in India or the purpose of selling their said property or which the sale proceeds shall have to be deposited to their NRE account and not in the account of the POA holder.

2. The said POA shall have to be signed and registered before the appropriate officer of local Indian Consulate and then to be sent to the said POA holder in India for getting the said sale deed registered before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The vendors can sell the property through their GPA agent also, provided the GPA executed by them is notarised or attested by Notary of that country or by the Indian consulate/Embassy there and duly registered/adjudicated here in India by paying proper stamp duty and registration charges.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The procedure shall be the Seller will make an GPA get it notarised in US then the seller has to get it attested before the India consulate Indian embassy and then the same can be sent to the agent appointed under the POA he has to produce same before collector for attestation/verification.

No as in Karnataka stamp duty for the transactions through POA additional 5 percent duty has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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