I have got into an agreement to buy an under construction apartment from an NRI (seller) living in the US. The seller has issue a GPA in the favour of his brother living in India. The problem that has come up is in the name of the seller. His name in his passport is Ravi Kumar Sharma and the same name is present in his NRE/NRO bank accounts in which he wants his payments. However, the property is allocated to him by the builder in the name of Ravi Sharma (without 'kumar'). His PAN card and other Indian ID documents have his name as Ravi Sharma, whereas his passport and hence all the IDs created in the US are under the name of Ravi Kumar Sharma. Since his bank account is under the name of Ravi Kumar Sharma, he wants me to make all payments in that name, even though the property is under Ravi Sharma name. My question is, can I do that? What are the implications of that? I also need to take a bank loan, so it is possible that the bank may also object to this when i go to them. I have been told that this can be sorted out by the seller by giving an affidavit that Ravi Sharma and Ravi Kumar Sharma are one and the same person. Is this right? If so, is the process of getting an affidavit in the US different from that in India? Does it need to be registered in an Indian court also?
Asked 8 years ago in Property Law
Religion: Hindu