• GPA or SPA given to sister and buying that plot

Hi,

I am purchasing a plot from a person who had purchased using a Representative(friend) since he is USA. Now he is selling to me using his sister as SPA. Will it be OK to use his sister as SPA or should I get GPA on his sister’s name. The SPA is already validated at Regitrar’s Office. Please advise me.

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Purchase through SPA is valid but through what document seller purchased the plot ? 

Representative  ? Purchase through POA of US friend was only valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Seller can execute SPA in favour of his sister to execute sale deed 

 

2) SPA should be attested before Indian  consulate 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

- As per law, GPA is executed by someone who cannot perform his transactions himself or herself personally due to numerous reasons, and delegate his powers to perform a duty to some other persons,
- The reason may be , the Principal resides in a foreign country and due to that he is unable to be present for the responsibility, or is bedridden,or a senior citizen who is suffering with health problems or any other valid reason on the part of the Principal for being unable to perform his duties on his own.

- Further, an SPA is transfer of special power which is only granted for a specific assignment and once the specific assignment is completed the SPA automatically comes to an end.
- Since , the person residing in USA has given SPA to his sister , and the said SPA is registered from the office of the Registrar, hence , legally she has full right to transfer the said property on behalf of her brother residing abroad , and is fully safe. 

- Such type of SPA is legally acceptable without any objection from any corner, and hence you can proceed to execute a registered sale deed in your favour with her help. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

SPA will serve the purpose

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. It is alright to buy with the sister of the seller acting as SPA as he can delegate her only for the specific purpose.
  2. In any case your insisting to get a GPA in the name of the sister in npt going to alter the validity of the transaction otherwise.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

If your seller has a valid title in the land which is not possible to say without seeing the deeds then sale of the same through his sibling on the basis of a valid GOA is alright.

So show the papers to an advocate and then move ahead. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

SPA is valid and will do. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

GPA or SPA is not valid in India to perform sale deed, it's original owner should be present at the time of sale deed. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

This kind of selling has been deprecated by the supreme court in 2011 and it has been said that valid title cannot be conferred upon the persons who buy through the power of attorney.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If SPA is registered and confers authority on the agent to execute the sale deed in favour of the buyer then he has all the legal competence to sell the property for and on behalf of principal.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. IF the Power of Attorney document is duly registered at Registrar's office, THEN said property can be purchased under signature of sister as representative of Seller.

2. However you should also take a Indemnity Bond from said sister to indemnify you against any legal litigation, losses, claim etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Special power of attorney for sale is legal and valid document and based in same his sister can register and sign the sale deed in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The SPA ought to have been attested at Indian Consulate which is executed in favor of Sister of the Seller.

Further, when the SPA is validated at Registrar's Office it is legally valid document, you can go ahead with the transaction.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The SPA is valid, if it contains the condition of right to sell.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

The SPA is also a valid document and in fact n appropriate document because the GPA is general in nature but the SPA is specific in nature covering the transaction pertaining to this property alone.

Hence there should not be any problem in this, however you obtain a legal opinion from a local advocate before proceeding.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes it is OK if seller is using his sister as SPOA for selling his plot. 

2. No need to get GPA as SPOA is same as GPA but it is with specific powers given to attorney.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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