Hi, We are about to purchase a flat in Greater Noida. We have signed Agreement To Sale with the owner of flat (Registry document available).20% of the amount is paid to owner's bank account and 80% is financed by bank (Loan is sanctioned but disbursement is pending).Owner wants to assign GPA (in order to sign sale deed during registry) to his spouse , as he has to leave to Dubai.Is the sale deed valid if his spouse signs on behalf of owner . Is it legal to buy the property?
No, Don't buy like that because POA is not allowed for sale deed as per law.
Instead you show the reimbursement cheque prepared by Bank of 80% to him and prepare a Sale deed register and later let him go to Dubai.
First get reimbursement cheque ASAP from Bank so you can make sale deed register.
1)POA for sale of property has to be duly registered
2) then only buy the Property
Assigning GPA to the spouse is a legal way out as soon as he is in India and assigning the GPA to his wife.
If he leaves for United Arab Emirates then the procedure of issuing general power of attorney will be different and the document must be authenticated by the Indian consulate in United Arab Emirates and should be notarised in India.
Kindly go through the contents of GPA and the fact regarding execution of GPA should be mentioned in the sale deed. In case the seller has given the power to his spouse to sign SD and the payment to be received on his behalf in the name of seller.
There is no harm in case GPA holder sign the deed on behalf of her husband provided GPA is validity executed and acceptable by Sub Registrar concerned. These things can be made clear by the advocate who is preparing sale deed
Yes. Power of attorney should be registered and powers of sale must be mentioned in it.
Hello,
Dear sir,
Yes its valid you can purchase the flat but before which please ask the owner to show registered GPA if the said GPA is registered then you can go ahead!!
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
- A Power of attorney is a legal document in which you give someone else the authority to act on your behalf ,but the attorney holder cannot perform any such duty which is not mentioned in the document itself.
- As per law, the power of Attorney is valid universal and is acceptable in all states of India,
- As per Section 182 of the Indian Contract Act, 1872.Further , a POA holder is nothing but an agent.
- Further, A POA should only be given to a trustworthy person whom one can trust to act on ones behalf, whether that person is relative /family member/friend, and generally given by the person who is unable to appear for performing the said act , like the person is unable to move or living out side out India.
- As per the Indian Registration Act , a POA is not compulsorily registerable. But if the POA granted to sell immovable properties should be registered from the office of the sub registrar within whose jurisdiction the person giving the power resides.
- Hence, that said GPA holder can execute sale deed in your favour on the behalf of the seller , and is legal to buy the said property.
- Further, as the seller is living in Dubai , hence he should send that POA after properly stamped from the Consulate of India in Dubai.
The property has to be purchased by the owner and sold by the seller. GPA is for an emergency when the owner cannot be present. Therefore she may register the property on her husband's behalf but she cannot be the owner.
That can be done.
1. If their is registered power of attorney of owner in favor of his wife the sale deed is valid. Using PoA wife can sign the sale deed on behalf of husband. Yes it is legal.
If it's a registered POA, then it will be a valid one and the spouse can execute the sale deed in your favour.
Actually if she has gpa then she can sign and execute on behalf of husband
Yes sale deed will be valid. He’s free under law to appoint his attorney to perform the sale deed formalities on his behalf.
GPA should be registered thab it will be valid.
The vendor can very well execute a registered power of attorney deed in favor of his spouse in order to execute the registered sale deed in your favor on his behalf.
You should confirm that if the owner is having a valid, clear and marketable title to the property,if yes, then you can have to confirm that the GPA executed by him in favor of his wife IS DONE BY A REGISTERED DOCUMENT.
confirm the validity and the genuineness of the documents by obtaining a legal opinion from a local lawyer before proceeding with the execution of the registered sale deed in your favor.
If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed. Any registered property owner can execute a GPA in favour of their spouse, son, daughter, brother, sister or any other relative to manage his property or empower him to execute any further deed of transfer including conveyance, sale and gift deed.
Yes , it is legal.
1. The owner can execute a registered GPA in favour of his spouse to authorise her to sign the sale deed for and on his behalf.
2. However, as a matter of abundant caution you should seek a copy of the GPA through which authority is given by owner to his spouse to execute the sale deed and get it vetted by a lawyer.
Sale deed executed through POA is valid and perfect transfer of title.
1. Avoid buying the property signed by the POA holder though there is sufficient reason for executing the POA as the flat owner will leave for Dubai.
2. As per the Apex Court order in the year 2012 in case of Suyrya Electrics ....Vs.....The Dtate of Haryana, no sale registered through POA holder not connected by blood will be considered as valid and in that case also sufficient reason is to be shown for the owner's not presenting himself for registering the Sale Deed.
3. Ask the seller to register the flat before he leaves for Dubai or registers it after returning to India to avoid all sorts of legal problems which might arise later on.
Dear Sir,
The sale deed will be valid provided the GPA will be executed properly and as per law.
1. Yes sales deed will be valid if GPA in favour of owner's spouse is duly registered.
2. Yes it will be legal to buy the property by GPA.
