General Power of Attorney based property transfer
I have shortlisted an apartment to purchase for my personal use. The apartment has just finished construction and the registry is not done yet, hence the seller needs to transfer the apartment to me at the builder level. The seller is based out of USA and cannot come down physically to execute the transaction. He wishes to provide a GPA to his brother who is based locally in Noida. He intends to get the GPA notarised in the USA and then send a copy to India and get it registered in India. My question is: Is such a GPA valid where the seller does not physically register in front of the India authority? Can/Will the Noida registrar register the GPA on the basis of the US notarised document without the seller physically signing in front of them?
Asked 3 years ago in Property Law from Noida, Uttar Pradesh
1. Yes, such GPA ia very much valid in India.
2. Hence the Noid registrar can register the property in your name on the basis of the said GPA.
Go ahead.However I am making no comment on the title of the property since its details are not placed beofre me.
1) since it is not possible for seller to come to India to execute sale deed he can execute power of attorney in favour of his brother
2) the power of attorney should be executed on stamp paper of rupees 500 and attested before Indian consulate
3) on receipt of power of attorney brother can submit said power of attorney for registration purposes at noida sub registrar office
For registration of the GPA with the registrar in Noida seller has to be physically present and sign before the registrar.
The GPA executed by a principle favoring his power agent to carry out his work on his behalf through the said GPA deed, and the same has been duly notarised/attested by a Notary Public or an Officer at Indian consulate general or Embassy, and the same is duly registered before the concerned registrar where the property situates,after properly paying the stamp duty for the purpose can be considered as a valid document/instrument to proceed with the execution of the proposed sale deed/agreement by the GPA agent on behalf of his principle. However, before going ahead with the purchase, a scrutinisation of documents and obtaining a legal opinion by an expert lawyer in the local may become essential to avoid fraudulent transactions or future litigation in this regard, if any may arise then.
It can be notarised again in India and It will be a completely valid deal. However just ensure that this is not a general power of attorney and is a specific power of attorney to deal with the given flat. As long as the POA clearly states that the property in question can be sold through a sale deed and title to such property can be transferred consequently by the agent there should be no problem.
Courts have taken different views on alienation of immovable property through a GPA so I would suggest you go for specific clauses in the POA. Notarisation will not be very difficult. It might depend on different states so just to be sure get it notarised in India once more if possible.
1. The registration process does not require the personal presence of the seller before the registrar if he has executed a Power of Attorney in favour of his brother to commence and complete the process of registration of GPA.
2. A POA executed in USA can be the basis of the deed of conveyance to be executed by the brother of the seller. The authorities in India cannot refuse to register the document.