• Alternative options to GPA

Dear Lawyer's,

I am selling my parental property and the buyer is asking for GPA from my sister who settled in America . Now the problem is due to lock down on both countries international courier is not available to get GPA from my sister . 
Could you please suggest any legal alternatives to GPA on this situation.
Asked 6 months ago in Property Law
Religion: Hindu

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19 Answers

There is no other alternative 

 

2) SPA executed by your sister in your favour or any other family member duly attested by Indian consulate is necessary to sell deceased parents property 

3) the other option is to wait till your sister travels to India for execution of sale deed 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

1. it is your parental property and it appears that your parents are deceased.

 

2. So, you and your sister are the only legal heirs of the title holder of the said property which you want to sell for which both of your signatures will be required in the sale deed while conveying the title of the said property to the buyer.

 

3. Either she shall have to sign the sale deed or issue POA to you for signing the sale deed for and on her behalf for which you shall have to wait till the lock down period id over.

 

4. Moreover, registration office is not functioning now and International Couriers s expected to start functioning from June end.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

Get a digitally signed GPA,

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If your sister can not travel at the time of registration of the sale deed to put her signature then a property executed and notarized GPA is alone the option. 

Do you have no choice but to wait till lifting of the lockdown. 

This is however required only when your sister has a share in the property you are selling. 

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

Since your parental property devolves on all the legal heirs of your father,  for selling the property that belonged to your deceased father who is reported to have died intestate,  all the legal heirs have to execute a registered sale deed jointly in favor of the prospective buyer,  alternately any one of the legal heirs or all of them can relinquish their rights by executing a registered release deed in favor of the chosen legal heir or the other legal heirs can authorize one among them to sell their share of property by the said authorized person on their behalf by executing general or specific power of attorney deed in favor of the chosen authorized representative. 

Thus you cannot sell the property on your own without following any one of the procedures mentioned above. 

You may have to wait until the lockdown is lifted. 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

See for making and executing sale deed on behalf of her for her share GPA is required without it sale deed cannot be signed and executed so you have to wait for some period.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
116 Consultations

5.0 on 5.0

- After the death of parents, the property would be devolved upon their legal heirs. 

- It means that you and your sister are the legal heirs , and that's why the buyer is looking for approval from your sister. 

- Hence , at the time of selling /transferring the parental land , you can execute documents on her behalf ,after receiving a GPA from her.

- Since,there is lock down , and GPA not possible to reach here , hence she should sent the dully signed &  notarized,or if possible attested by the consulate of India  GPA via email to you , which is very much accepted by the Registrar , specially during the lock down . 

- Further, if attestation from consulate is not possible , then she should also mail her identity proof as well online. 

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

There is no other option. Online draft may not be valid. You can try to get the online email draft scanned and attested by indian embassy and later physical copy may be delivered after lock down. You need to register the same in India also for legality

Prashant Nayak
Advocate, Mumbai
22643 Answers
49 Consultations

4.4 on 5.0

you have to wait until the lockdown is lifted.

there is no other substitute option. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

1. There is no alternative to GPA. Your sister has to authorise you to sell her share for and on her behalf.

2. You have to postpone the sale till after lockdown.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Her involvement in sale of property is necessary. She can fax or email the scan copy. Same you have to register in India, within 4 months.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. You could ask Sister to execute the GPA in USA and color Scan and email to you for tentative purposes to satisfy Buyer. Further you can give an Indemnity Bond to buyer undertaking to produce the original POA after lockdown is totally lifted.

2. After lockdown, sister can just simply courier or post it to you for the needful.

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

You can propose to give indemnity bond to indemnify the buyer if you fail to arrange GPA after certain period of time. 

Kallol Majumdar
Advocate, Kolkata
2788 Answers
4 Consultations

5.0 on 5.0

There  is no legal alternative to GPA (SPA).

One option you can use i.e., She can send the Scanned copy of the the SPA (through E-mail) executed by your sister at USA which has to be duly attested by Indian Consulate, if the buyer is okay with this arrangement, you can go ahead. 

Further, she can confirm the issuance of SPA in the mail, which is legally valid.

Once the lock down is lifted, the original can be shared with him.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

However the GPA/SPA is necessary but during the period of lockdown you may ask for the emails etc. that you will be receiving the proper GPA letter and your sister has no objection in sale by you. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

Since air travel is restricted due to the lockdown in various countries including India and USA, the easiest way to conclude the sale is asking your sister to e-mail her consent via e-mail to the buyer with the assurance that once the lockdown is relaxed or opened between the two countries, your sister will come down to India and execute a Confirmation Deed at no additional cost in favour of the buyer.

Hence an e-mail confirmation during this lockdown would be sufficient to proceed, but with assurance from your sister to execute a Confirmation Deed later on when lockdown is removed or relaxed. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Respected Sir, 

I havre read your query and here is what i Opine. Firslt I appeciate that contract cannot be signed between the parties and the courier services are not working. But you have an alternate mode of executing the GPA and that is through counterpart. 

Counterpart agreements are valid agreements in the eyes of law. Now you should know what are Counterpart agreement. You can send a copy of the draft to other party. Now both the parties have to take a print out of GPA and sign it and exchange the copies of the signed agreement to each other. Likewise, the first party would sign the GPA and send the scanned copy to Second Party and Second Party shall also sign the GPA and send it to first party. 

Provided, the first party may sign on the scanned document as send by the second party or shall maintain 2 GPA documents where First there are signatures of Second party and second there is signature of the party itself. Same in the case of Second Party. 

 

You can follow up query. Please dont forget to leave a rating and feedback, 

 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court. 

Managing Partner at Talbros Legal LLP

 

Varun Talwar
Advocate, Sonipat
27 Answers

Not rated

There is no legal alternative to a GPA if you are selling parental property. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Hello,

You can ask her to put digital signature,.

Regards 

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

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