• General Power of Attorney to seel property in Indore by NRI

My wife has property in Indore, INDIA. We are US Citizens and live in United States for last 20 years. It is almost impossible for us to travel to India. My wife can issue a notarized GPOA in favor of her older sister, which we can have apostilled by "Secretory of State" and attested by "Consulate General of India" but we are told sub registrar of properties at Indore is not accepting this. Is there any other alternative?

Many thanks in advance!
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

GPA duly attested by Indian consulate and apostled executed in favour of family member is valid for sale of property by NRI 

 

POA holder can submit POA  for registration in Indore where property is situated 

 

3) if sub registrar is not accepting POA ask him to give reasons in writing fir refusal to accept said POA 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Hi

You have followed due process of law perfectly.

What all you have done is correct and is acceptable in India.

Inform your SIL to approach the SR at Indore, India, to get the transaction completed by producing the GPOA.

In case, if he / she refuses to register the same, ask him / her to give the reasons for his / her refusal in writing.

Upon getting his / her objections in writing, you can approach the District Registrar for doing the needful.

It has to be done.  Do not worry.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. In most of the Idian states there is a requirement that if a POA contains a power to sell then it has to be fully stamped and registered

2. That could be the reason why the registrar is not accepting the POA

3. The alternative is as follows -

A. Get the sale deed prepared by a competent lawyer

B. Also have a GPOA containing a clause that the constituted attorney can comply with registration formalities on your behalf. You can use the existing power of attorney if it has this clause already. It must have it

C. Then the sale deed can be emailed to you

D. Take print of the same on green ledger paper or normal white paper if you cannot get ledger size paper 

E. Sign the sale deed before the consulate or embassy 

F. Then courier the signed sale deed to your constituted attorney

G. She can then use the GPOA to present the signed sale deed to the registrar and admit execution ie verify your signature, before him and complete the registration formalities 

H. The POA can give power to the attorney to accept consideration in your behalf and she can then remit the same to you by normal banking channels

I. Or you can open a NRO account online from US in any Indian bank and direct the buyer to deposit the money in this NRO account and later on you can transfer the amount from the NRO account to your US account through online banking

J. Also note that the buyer will deduct 20% TDS or tax deducted at source from the sale price and pay you the balance

K. The tax deducted and deposited by buyer with government can then be claimed as refund by you if there was any excess tax payment which was greater than your capital gains tax liability 

L. For above you can take assistance of a competent CA who can file IT returns for you and claim refund of amount paid in excess of your CGT liability 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. it is beyond understanding why the Sub-registrar refused to accept the GPOA, which was executed adopting due law of process,

2. ask him (sub-registrar) reasons for not accepting the same, in writing.

3. engage one local lawyer, who definitely will take care of your requirement and will surely do the needful,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Yes , mere apostles document in USA is not valid or acceptable in India.

2. However you have made the job half done and the remaining job is to be completed by stamping/adjudicating the same POA through the office of the Collector in the place where it is to be put into effect.

3. Your advocate in India should have guided this simple issue before your making this post here.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes she can do the above but the same has to be registered in India for execution of sale deed

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See there is no alternative and further sisters are blood relatives Power of attorney can be used to transfer the property as per law so sub-registrar cannot refuse same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Appeal to DG stamp against the resufal., GPA is duly executed and registered or get it re register in India. She alone can do.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If you are settled abroad and won't be able to visit India in the near future, you may execute a POA from the country of your domicile through the Indian Embassy/ Consulate. There are two ways to execute a POA from abroad:

Legalisation: In this case, signatures of the notary or judge before whom the POA is executed are required to be authenticated by the duly accredited representative of the Indian Embassy/Consulate. According to Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarising a deed from an authorised officer of the Indian Consulate/Embassy would be considered a valid notary. Such a POA is not required to be stamped at the time of execution. However, it needs to be stamped within three months from the date of receipt of the POA in India. Stamp duty would be payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the deed is presented for registration in India.

 

But your wife's older sister can't sell the property on GPOA basis she just have rights to protect, lease, rent and possession.

 

Because supreme court has passed order on GPOA basis property can't sell or make sale deed registration.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

the sub registrar can refuse to accept such a document for registration, you can ask him to give the reason in writing or you can approach before district sub registrar . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your wife shall have to get the GPA sent by her Advocate in India and then apend her signature on it before the appropriate officer of the local Indian Consulate who will notarise the said POA.

 

2. Thereafter the POA shall have to be sent to the address of the GPA holder who will file an application before the Collector enclosing the notarised POA alongwith the related envelope for adjudicating the said POA by putting his stamp and also a stamp of Rs.50/-.

 

3. The Registrar will now accept the said POA which is valid as per law. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The notarised GPA has to be either adjudicated in the local registrar's office or to be registered here in India to make it av valid document for the holder to execute the registered transactions with regard to the immovable property in question.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear

For making GPA to be accepted by sub registrar your sister of your wife have to get GPA registered in office of subregistrar by paying proper stamp duty for GPA.

For that you should hire an Advocate in Indore who is dealing in property matters he will help you get the GPA registered and make the sale.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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