• Property purchase from NRI in Navi Mumbai

Sir,

I have finalized a 2BHK flat in Navi Mumbai (Sanpada). The owner of the flat from whom i am going to buy is an NRI residing in USA, she is a practicing Dentist. Hence, she is not able to come to India for registration of sale deed. She has given Power of Attorney (POA) to her husband who is also an NRI and presently in India. He will be executing the sale deed and other formalities on her behalf. He told me that the POA is attested through Embassy of India. Owner of the flat been NRI, i need to cut 20% TDS as per Income Tax act.

My queries are :-

# What are the documents which i need to check before entering into any agreement with this NRI person ?

# How safe is to buy flat on behalf of Power of Attorney ?

# How can we check the authenticity of the Power of Attorney ?

# How can we know weather this Power of attorney has not been taken back or revoked ?

# How can we know weather she is alive or not with documented evidence? Is it required ?

regards
Veeresh M. Bangera
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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12 Answers

1. Check the validity of the POA, see if the person is really her husband or not?

2. You may buy

3. Get in touch with a lawyer along with the documents.

4. By means of a publication in newspaper, and by means of a written consent from the concerned person over e-mail.

5. Yes you need to confirm if she is still ready to execute the same on the basis of POA.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) check whether original sale deed , share certificates are with the seller

2) whether society has issued no dues certificate, NOC for sale of flat

3) whether society has received OC

4) if POA is attested by Indian consulate you can go ahead

5) if you are not comfortable insist on seller presence in India to execute sale deed

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

POA is notarised in USA and further stamped in the Indian embassy in US and further it is presented befoere the collector in India and is not more then 3 months old.

Title documents she has a clear title, share certificate, OC, maintenance is completely paid.

Get a NOC from her which can be registered along agreement and sale deed along power of attorney.

IT is completely safe just check POA and further pay consideration in her account and take a NOC from her vide mail she can sign and scan and mail to you personally. NOC can mention that she has given POA to her husband and she is aware that husband is selling flat to you. This is done by her permission and authority.

IF it is original Notarised stamped and verified then it is original.

For that this POA is not revoked NOC from her of current date shall be best to know.

Ask a life certificate from her current date. It is required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. First conduct search in connection with the property and the concerned title deed to ascertain whether all are legally valid or not. Thereafter examine the POA to ensure that the same has been legally notarised by the appropriate officer of the concerned Indian Consulate or not.

2. Buying of flat by getting the sale deed registered by a valid POA holder of the owner who on given circumstances was unable to appear before the Registrar is valid and lawful.

3. Here lies the problem in identifying whether the seal and signature of the appropriate officer of the Indian Consulate i genuine or not. You can email a scanned copy of the said POA to the said Indian Consulate to get its genuineness confirmed.

4. If the said POA notarised by the Indian Consulate is a recent one then get an affidavit affirmed by the POA holer affirming that the POA executed by his wife in his favour has not yet been cancelled or withdrawn by her. She can also release a notice in two local Indian Newspapers notifying the public in general that she has executed a POA notarised by the Indian Consulate in favour of her husband on such date which is valid and apart from the said POA she has not executed any other POA in favour of anybody.

5. You can talk to her over phone or exchange emails. Before. before settling the deal you should establish the basic contact and communication with t owner of the property and get her signature verified against the signature of he owner found in the title deed of the flat and also the POA executed by her.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

NRI seller creates two copies of Power of Attorney with detailed terms and conditions. As a buyer, you should go through each and every clause carefully to understand the content.

Check whether the POA is signed by two witnesses present in the country of residence of a seller.

Check whether the witnesses were physically present in Indian Consulate/Embassy at the time of signature or not. If they were not physically present, then their signatures should be attested by the Local Notary.

The POA should be attested by the Indian Consulate/Embassy.

The Attested POA should be registered in the India by the resident Indian i.e. POA holder. The registration process in India should be completed within three months from the date of execution of POA. The POA can be registered in SDM (Sub Divisional Magistrate) office or Sub-Registrar Office. The rule may vary from state to state.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. the checklist is same for resident Indian and the NRI . The title documents and mutation certificate is enough.

2. The POA may be treated as valid if the POA holder is a relative and the POA is not revoked as yet.

3. If it is registered then you can verify its authenticity from the concerned registration office.

4. Get written confirmation from the Principal that the POA is still valid.

5. Talk to the principal to know his living status.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The date of POA is important to see and is certified by the embassy in USA you may ask the copy of the passport of both to verify however that will be needed at the time of registration and see the clauses of validity etc.

Other wise it is OK with that and deduct TDs 20% and surcharge 3% from the total amount.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Purchase the flat only if it is a specific power of attorney and duly registered .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

nowadays due to supreme cour judgement immovable property is not registered through power of attorney. you need to inquire with the sub registrar office whether they will entertain the same

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

1. check is seller has clear title - registered title document, share certificate duly mutated, all outgoings cleared, no encumbrance or liability (this you will come to know through issue of public notice in newspapers and also by taking out search in registration office)

2. it is safe if the power of attorney is properly executed before the consulate. Ensure the power of attorney is apostilized and then attested by consulate

3. POA should bear the stamp and seal of consulate

4. the sale deed can be couriered to the foreign country and seller can sign it before the consulate. the signed sale deed can then be couriered back to India alongwith the POA in favour of husband for purpose of complying with registration formalities on behalf of seller

5. same as above

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. IRRESPECTIVE OF "POA is attested through Embassy of India", the POA "MUST" mandatorily be Stamp Duty paid & Registered in India, by the POA holder, for the POA to be legally enforceable for transactions of immovable property. ELSE the POA is null & void.

2. You can ask the POA holder to execute a Indemnity Bond, to all the points to your doubts and that the POA holder is alive till date and that the POA holder indemnifies you for any eventualities to the transactions.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. The property title documents,parent deed, tax receipts, OC/CC (if it is a flat), share certificate on her name, NOC for selling this property by the society, bank loan details and all other relevant documents pertaining to the flat, the POA deed duly registered in India even though it has been notarised in that country, PAN details, other identity proofs.

2. There is nothing wrong in buying the property through a POA agent, but that POA deed should be registered document.

3. By getting it registered here in India with the sub registrar within whose jurisdiction the property situate.

4. Obtain a latest life certificate of the principal and also check with the sub-registrar's office for cancellation of this POA deed.

The registered POA deed has to be cancelled by a registered cancellation deed only.

5. Obtain a life certificate certified by a medical attendant of that country.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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