• Signing of sale agreement in USA which is made on stamp paper sent from India

I am in the process of signing a sale agreement with a builder.My wife is in India and she will be the co-owner and co-signer along with me.The builder is saying they will send the sale agreement which will be made on stamp paper to my wife and she can courier to me in USA and I can sign and send it back.My family friend warned me that signing any agreement made on indian court stamp paper is illegal outside India.Please guide me on how to do this legally so that the document holds value in court.
Asked 7 years ago in Property Law
Religion: Hindu

14 answers received in 1 day.

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17 Answers

1)you can sign agreement for sale sent by your wife from India in USA 

 

2) your signature should be attested before Indian consulate 

 

3) in alternative executePOA in favour of wife . Have it attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

That will be a legal documents as you are not in India, it will be better to execute a POA to your wife and send the same to her she will sign the documents on behalf of you too.

 

POA is the best and simple way.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Its absolutely fine 

There is no such restriction 

Infact the stamp paper is not even required at this stage

Proper stamp duty can be paid on the document when the document after being signed by you arrives in India

You need to sign this document before the Indian Consulate or Embassy or even before public notary if that is acceptable to the local registrar office where the document will be registered 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. Well, there is no illegality on putting signature on  apiece of paper in abroad if the same bears Indian Stamp.

2. This information has no basis at all and you can very well sign such sale agreement.

3. Only you can not make affidavit on foreign soil bearing the Indian stamp paper.

4. Since such agreement does not require affirmation of affidavit, there is no legal bar to execute such instrument in USA by putting your signature.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See instead of sending sale agreement to US you can send power of attorney in favour of wife to sign on your behalf also so that the sale agreement can be registered in India. It is better to register sale agreement for flat .

Prepare a power of attorney in US get it notarized by US notary and then signed by India consulate and then courier it to wife she will tag copy of it along agreement sign on your behalf and sale agreement can be registered with office of sub registrar.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yea it is true that you cannot sign on the stamp paper outside India. You should give the power of attorney to your wife and she will sign on the stamp paper.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your friend is right. While executing any document outside India meant for use in India, Indian stamps should not be used. Execute this sale agreement on a plain paper before a notary in United States. As per section 18 of the Indian Stamp Act, 1899, any instrument executed out of India can be stamped in India. Hence, later this sale agreement executed on plain papers can be presented before the concerned registering officer in India for authentication. The registrar will collect the stamp duty payable in India by cash and authenticate the agreement

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you are in USA, you make a POA on a plain paper, get it attested by the Indian Embassy/Consulate. You will naturally be paying revenue (Rs. 1000 something) to the Indian Embassy in the form of a consular fee. Then send the attested POA to India for further attestation by the concerned Dy. Commissioner. You wife can execute the deal on your behalf. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) First you register property on your wife's name and later once title are clear on your wife name then she can add joint owner as 50% share in the property your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Who so ever it may be who signed any sale deed signed on the papers has to present himself before the Registrar at the time of register it in the revenue records so this can be done but think before signing.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

yes now since the things have computerized certain old laws have changed...

now after the execution process, you need to give your thumb impression and photo clicked before the Registrar and only after that the property gets registered... 

In the case where you are in the USA, you can give your signing power to your wife through unregistered power of attorney, and she can then get the same registered on behalf of you and herself. 

 

 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Dear sir,

The suggestion rendered by your friend is valid and legal.  You may execute Special Power of Attorney as per the law and procedure of that country appointing one of your Indian relative to sign sale agreement on your behalf in India.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can execute a power of attorney (POA) in favour of your wife which needs to be attested and notarised in Indian Embassy, send that POA in India it needs to be adjudicated before the District Registrar, once this process is completed.

 

Your wife can sign the Sale Agreement on your behalf in India. This Agreement will hold good in Indian Courts.

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

Your friend has rightly pointed out this lacuna.

The Indian stamp paper is not valid outside India and any signature made on the Indian stamp paper outside India is not recognised as legally valid signature.

You can give a power of attorney deed in your wife's favor who can sign on your behalf too on the basis of the POA deed on her name.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 In order toExecute any document abroad, you will need to get the document apostilled in order to be enforceable in India.


Alternatively, you can give a power of attorney to your wife so that she can do the registration on your behalf.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

yes you can execute the same and get it notarised before embassy.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Give POA to your wife who may sign on your behalf.

As just signing on the paper will be of no use, you will have to be hear before registrar in case you want to get the same registered on your name 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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