1) If that GPA is signed in front of Indian Embassy in the US and then send in India.
2) You can go with buying the flat otherwise not.
Power of attorney endorsed but not registered - should I buy the flat
I entered into sale agreement with NRI to purchase a resale flat. She prepare GPA and noterised in US send it to India in this GPA her mother is GPA holder. She lives in different city not at where property located. She validated the GPA at SRO where flat is located based but it is not registered. Is it ok to proceed with transaction or that GPA must registered?
Asked 6 years ago in Property Law
Religion: Hindu
17 Answers
The information you have provided looks fine to make the GPA valid.
However it is better if you get it checked by a local advocate.
In general to make the GPA executed in abroad requires this method only to make the GPA valid in India.
Has SRO office endorsed the GPA, If yes than valid.
Well any document registered out side India, must register in India.
since POA is given in blood relation in that case registration is not required POA is valid.
For transfer of immovable property the power of attorney should be mandatorily registered.
The power of attorney is a legal and valid document and cannot be rejected solely on the ground that it is not registered, Power of attorney has to be registered if it is dealing with the execution,transfer of the immovable property, for the future safety.Unregistered Power of attorney is valid and legal.The property registered and transferred through a power of attorney which is unregistered is valid and legal.Usually sub registrar do not refuse to register .he only see whether it is signed and witnessed, registrar will have no objection.
The Supreme Court in the Syed Abdul Khader Vs. Rami Reddy and others case (AIR 1979 SC 553) has made this clear.
POA should be attested before Indian consulate
2) mere notarised POA is not sufficient
3) further POA for sale of property should be duly registered
Dear Sir,
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 immovable property 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.
Registration of GPA is not possible with out the executant being present in India, hence the document was notarized and sent to India, after which it was validated at the SRO office. This is perfectly valid. You may proceed to purchase the property through the GPA holder on the strength of this deed/GPA. It is absolutely valid.
1. For immovable properties, the POA must be mandatorily be Registered in India. ELSE it will be invalid and challenged in case of disputes.
2. Notarized POA executed in USA, can be registered in India, by the POA holder. It is easy.
The validation of the GPA is called the registration.
Since it was validated in the SRO's office, it can be considered as legally valid document and you can proceed if other things are satisfactory
- As per the information mentioned in the present query, makes it clear that you have entered into a sale agreemen, but by way of a GPA.
- Let me tell you that as per the recent judgments of Hon’le a supreme Supreme Court, no proerty transaction would be a valid one in the eyes of law/court if done on the basis of GPA or POA or SPA.
- But, the same will be acceptable if it has been executed in the favour of a close relative and mother comes under that close relative category at first place.
- So, you need not your worry about anything, except that the GPA must be a registered one.
Thanks for all responses. Now I understand that GPA must be registered but when I spoke to document writer regarding same he said validation is equivalent to registration and registration is not possible as seller not in India and on other side GPA was not signed in Indian embassy it just noterized and sent to India. I had below questions 1. GPA validation and registration are same or not? 2. If validation alone sufficient why it's not reflecting in EC at least in my case, Is it ok?
Asked 6 years ago
1. In some places/states it is called as validation which are recognised by the concerned registrars, whereas in most of the states it is insisted to register the GPA deed before the concerned Registrar where the property situate.
2. Validation may not reflect in the EC since it is not registered document as per book I of the registration department.
1. They are different procedure for different document though notarized document for GPA is valid.
2. GPA shall not reflect in EC.
it is not the same
2) don’t purchase the property
If endorsed by SRO office than valid.
Registration is different in which you pay Registration fee to the GPA can be GPA can be notarized at the embassy. Later it has to be registered in India