This is valid GPA there won't be any issue if it notarised in US and stamped by registrar it is legal and valid.
Validity of GPA signed and notarized in USA and India
Hi, I am currently residing in USA. I and my wife are co-owners of an apartment that is yet to be registered, and we got a call for registration two days ago. We drafted a GPA here in the US so that my father could complete the registration formalities, got in notarized by bank officials, witnessed by two of our friends in the presence of the notary and then sent it to my father in India, who then signed it, and got it stamped for 200 Rs value and the stamp bears the seal of the district registrar. I can send a copy of this to an email id you want me to. My question is - Is this a valid GPA? Will there be any problems later for resale? Thanks in advance.
Asked 5 years ago in Property Law
Religion: Hindu
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12 Answers
1. POA for Sale /Gift /Transfer /Mortgage /whatever, specifically for "immovable property" must be stamp duty paid (500/-) and duly registered, before the local office Registrar of Sub-Assurances, in India.
2. POA executed outside India, must be endorsed by Consulate officials with his seal & sign. AND NOT by Notary. Send POA to India and do point no. 1 (above) compulsorily.
Keep Smiling .... Hemant Agarwal
Dear Sir,
No property sale on power of attorney: Supreme Court
The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A thee-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
1)GPA should be attested before Indian consulate
2) mere notarised GPA would not suffice
Dear Client,
Bank has no role in execution of GPA, you should have get it executed at Indian embassy. Well, when your father has got it registered at sub registrar office, it`s valid and authorizes him to act on your behalf.
If you are settled abroad and won't be able to visit India in the near future, you may execute a GPA from the country of your domicile through the Indian Embassy/ Consulate.
1. Yes, this is valid GPA.
2. If it is notarised in local Consulate or Notary Office and then adjudicated in India on proper stamp paper then it is validly executed.
3. In that context there would not be any complications in future while selling it.
The GPA that was prepared by you in the US should have been duly attested at the Indian Embassy or the Indian Consulate, not notarized.
After attestation, it should have been duly stamped by the Deputy Registrar once the document is duly received in India by the Attorney Holder as it is a document executed outside india a foreign document.
After completion of this process and payment of proper stamp duty, this document can be legally used in India.
Unregistered GPA deed is not valid for the transactions to be done through it.
You can ask your father to get it adjudicated before the concerned registrar's office.
You need to register the said GPA to be valid
1. You should further get it attested by Indian Consulate in US. Everything else is fine.
2. Mere notarization does not suffice.
- As per the information mentioned in the present query, makes it clear that you want to know the GPA as a valid document to be created in your father’s favour to look after the poetry transaction on your behalf.
- As per the recent Hon’ble Supreme Court rulings, GPA or POA or SPA would not be holding any validity for any property related transaction.
- But, there has been an exception that all above stated legal documents can only be holding validity and can be used for property transaction, if executed in the favour of any close relative.
- And father is amongst who falls under that exception.
- So, it would be perfect for your father to execute any registered document on your behalf with respect to the property as mentioned by you in your query.