Bengaluru - I want to buy a flat in Bengaluru registered in 2014 from NRI (US) which was represented by GPA holder back then as per Sale deed and now he will again give Power of attorney to holder to be able to do registration. Is it still legal by court of law as of today? If yes then how to verify legality as a buyer. How do I ensure proper paper work? Please advise.
1. If it's duly countersigned by the Indian Consulate in USA and then adjudicated in the jurisdictional District Registrar's Office in India, such GPA will be legally valid.
2. To know the legality of the owner of the property, obtain the Photo ID of both the seller as well as the GPA agent.
3. Obtain Legal Opinion from a Lawyer, before proceeding further.
1. It i not correct whether the POA holder is his family member or not or he is his real e state agent.
2. If The agent is his relative or he is real estate agent then his POA can still be relied upon and a he cans ell ypu the property on his behalf.
3. However before doing so do take written undertaking from your seller tht the POAa is till subsisting and not revoked by him anymore.
Ye she can give a POA to the relative to register the flat in your favour. See buyer has to send a power of attorney stamped with consulate in favour of blood relative and same need to be attested in India.
THE Buyer can be verified from the name , id proof attached to earlier sale and in the municipal record.
1)check whether seller has original documents of title
2) if POA is executed check whether POA is registered or not
3) ask seller to obtain No dues certificate from society
4) latest receipt of payment of property taxes
Your query is not clear.
Well, sale through GPA is valid, ask him to provide you copy of chain of documents from the origin of property, and check non encumbrance or also provide your EC and cross check it.
You will need to verify the genuinity of the property documents And POA. Seek out a local lawyer in your area to guide you better in this matter.
Yes it is legal If registered POA is there and on that basis sale deed is executed for the transfer. Only through POA transfer is illegal as per SC
1. POA of the Latest date, of NRI person, must compulsorily be attested by US Embassy and Stamp Duty (500) paid in India, for it to be legally enforceable to conduct Registration process in India, by the POA holder.
2. Check the Original Purchase Agreement, Share Certificate, Property Tax Bill, Water Bills etc.... and have it scrutinized preferably thru a local Property Lawyer, BEFORE conducting or committing any sale deal.
It is legal for the Seller/owner to give a POA to someone in India to register the Flat on his behalf, except the POA must be duly attested by the Indian consulate in the US and later on when it arrives in India, the POA must be duly adjudicated and appropriate stamp duty as per indian laws must be paid, only then it can be used to register the flat in your favour by the POA of the seller/owner.
It is always advisable to obtain a proper legal opinion from a local lawyer practicing in civil law and property issues so that you dont miss out any aspect while intending to buy an immovable property.
Your understanding about the power of attorney deed then and now may be confusing you hence you are not able to put the query properly here.
Thanks for replying. 1. I need to create a sale agreement paying advance then send to NRI and he will notarize from US. Will it be legal agreement for bank loan? What important points should I include in agreement to avoid future hassles? 2. BBMP takes property taxes so will my flat be 'insured' in case of any mishap to property? Is it better to take loan insurance? 3. Can I register the flat in my mother's name means solo however loan will be in my name?
1) notarised agreement for sale is valid for obtaining bank loan
2) the sake consideration, period for making payment should be mentioned
3) your flat is not insured unless you ha e valid insurance policy
4) if flat is registered in
mother. Name you would not be granted loan unless you are co owner of flat
You can execute the same in India and then can do the needful in America yes it's good
1. Yes the agreement shall be legal, though ask bank if they will accept this agreement for loan or not.
2. Tax doesn't insure the property from mishap. Loan insurance must be taken.
3. Bank shall make mother co-applicant in the loan.
1. You can get the agreement drafted in India, send it to his country of residence, let him sign and get it notarised, send it back to India, which can be registered before the concerned registrar's office after which you can apply for loan.
2. Paying tax to the property is a different subject to that of the buying insurance policy to the immovable proeprty.
There are various schemes by various insurance companies for insuring the immovable property, you may contact one of them for a proper insurance suiting to your taste and desire.
3. The bank may not grant loan for the proeprty which is not on your name, hence you may make her as a joint owner or he may have to be the co-applicant for the loan.
Who in the portal has most experience of knowing legally valid methods of attesting General power of attorney from US and legally registering in India? Following is the story and query- 2014 - When Flat first purchased, NRI "notarized" General Power of Attorney his own brother in US through “Public notary” not through embassy and purchased the flat in India successfully. EC - form 15 Bengaluru shows NRI name. Indian consulate takes months and people avoid there. It means District registrar in India stamped that POA. 2019 I am buying same flat - Now NRI sent similar "notarized" GPA document done by public notary www.nationalnotary.org. I found some people go to private bank to notarize as well. My property consultant says this notarized copy is legal and district registrar will accept it because NRI is giving POA to his own brother and nobody in the future can challenge it. Being blood related makes an exception for attestation and court accepts notarize copy? You people suggested in my last query that GPA must be attested by Consulate in US. If not Indian consulate then shall I go ahead with notarized one or ask for bank notarized or from somewhere else? Which method of attesting POA in US ensures my purchase under court of India law? Is Attesting through Indian consulate in US 'absolute' necessary this time to buy flat in India for me? If I go to sell this flat in the future will I get legal obstacles for my own ownership?
Insist on POA being attested by Indian consulate
2) don’t accept notarised POA
3) it does not take more than one visit for getting POA attested from Indian consulate
4) it does not take months for getting POA attested by Indian consulate
See since he is blood relative and further if the notarized POA is stamped with indian subregostrar it would be valid.
Further in case if sub registrar accepts same and bank also then you can go ahead with the notarized POA.
You can do the Aforesaid no obstacles
The POA deed executed in US can be attested by a notary of that country also, that is very much valid.
The POA deed duly notarised by a notary of US is recognised as legally valid and it can be registered by the registrar back in India for following further process in this connection.
Selling and purchase is a matter o trust between two parties.
if the party is ready to sell or purchase the property from a person based on copy of GPA attested by consulate the the registry will have no problem in doing the same.
Regards
