Yes it is valid but the poa should be registered and attested by Embassy in the case of NRI.
I am buying a floor in west delhi. the owner is not in india and is settled abroad but he has given GPA to his son with specific mentions of right or floor i am about to purchase. Is it a legal valid way of purchase? In the end would i get a sale deed or just another POA?
Is the POA registered.?
2) if it is executed abroad is it duly attested by Indian consulate ?
3) kindly clarify
4) on basis of registered POA sale deed can be executed by sin
5) it should be duly stamped and registered
Hi,
It is perfectly legal to purchase property through POA holder for sale if it proper and registered. You can register the sale deed through POA attorney holder.
Any transfer of property must be registered. Also it is very important in case of sale through POA that the it construed rightly conferring all power to deal with the property and it must be irrevocable in nature.
1) If that POA has signed by Indian Embassy than you can go with it and purchase property by making sale deed registration.
2) Yes, its legal you can get sale deed registration.
1. First check whether the GPA is registered one or not . if yes then there is no isue arises out of GPA.
2. if not then also it may be valid if the GA is notarised in abroad and then adjudicated from Indian collectorate /stamping authority.
3. in either case do get all the property papers checked by a local advocate.
Yes it is valid you can go ahead with the purchase. The son need to register a registered Sale deed in your favour using the POA.
Further ask for a life certificate of father along the GPA if the power of attorney is executed before 3 months.
Dear Sir,
Recently the Supreme Court banned POA sale transactions inspite of that transactions are going on at the risk of purchasers. The relevant judgment is as follows:
No property sale on power of attorney: Supreme Court
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 immovableproperty sales is not a valid form of transfer of property.
A three-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.
Sale Deed as the POA holder is fully act on behalf of the owner, who have given that but before going for the sale deed please confirm from the Registrar Office whether POA is registered or not , if it is registered then no harm go on if not then don't proceed further and ask for the registered one.
Owner can make a POA on a plain paper, get it attested by the Indian Embassy/Consulate.
POA should be duly attested before Indian consulate The GPA executed by you must be duly verified and stamped by jurisdiction District collector.
1. Buying any immovable property via a GPA holder shall be fraught with illegalities and it is banned by a Supreme Court order.
2. Draft a new POA, and let the abroad residing owner get it attested by local embassy and courier it back to you, for stamp duty (500/-) & Registration (1000/-)
3. Using the POA, execute a proper Sale Deed and have it duly registered, for a complete sale and clear title for future.
Keep Smiling .... Hemant Agarwal