You are right about the process. There is no fixed procedure which differs from case to case.
I am sure you must have an advocate. Consult with him on every aspect. He will guide you.
Process to sell property through court
Myself and other party have a partition suit in Delhi High court. Court had asked us to find a buyer mutually and had sent us to mediation. We have found a buyer mutually agreeable to other party also. I want to know the step-by-step process to go through sale process through court as we do not have trust of other party that they will co-operate with us during sale deed & registry. To begin with : 1. All parties sign agreement to sell with buyer. 2. Buyer provides a DD in favor of Registrar of DHC with token advance. 3. Buyer is given time to deposit remaining amount to court in X days. 4. When does registry & sale deed happen? When is keys and possession handed over to buyer through court process? 5. How does receiver process work ? PLEASE SHARE COMPLETE PROCESS.
Asked 9 years ago in Property Law
Religion: Hindu
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8 Answers
The other party is in USA. She is US citizen. Can her husband travel to India and execute any sale deeds on her behalf using POA even though he is US citizen with PIO card?
Asked 9 years ago
1) after the entire sale consideration is deposited in court as per court orders sale deed can be executed in favour of purchaser duly stamped and registered within time stipulated by court
2) purchaser can withdraw amount deposited in court
3) keys to flat would be handed over to purchaser on sale deed being executed
Yes poa holder can execute sale deed on behalf of the principal if he's in close relative of her like husband in your case.
USA citizen of India original can well sell her property.
The execution of registered sale deed can happen when the entire sale consideration amount is paid by the buyer.
The other party is in USA. She is US citizen. Can her husband travel to India and execute any sale deeds on her behalf using POA even though he is US citizen with PIO card?
Yes the POA holder/agent , if the power deed is registered if executed in India, orif the same is executed in foreign country, the same should be notarised in that country and to be registered before the registrar where the property situates.
1. The DD cannot be drawn in favour of Registrar of DHC. It can only be in favour of the sellers but it may be deposited with the Registrar of HC for disbursement to the sellers.
2. Since the other party is a US citizen currently residing in US she can execute a POA in favour of any of her blood relatives to initiate the process of sale of the property.
3. Sale deed will have to be registered within the time frame mentioned in the agreement, or such time as the court may direct.
4. Possession has to be handed over when the sale deed is registered.
1. you should file application under order 21 of cpc for sale of property according to agreement. court gives notice to all parties of agreement. on receiving of reply court give decision and sale agreement will be executed.
2. USA citizen should get prior permission from the RBI because selling of movable property to foreign citizen requires permission of RBI for confirming the legal route of investment in India.
1. After the buyer completes the payment, the Court may pass direction upon you to register a sale deed as entire payment has been received. Or,
2. The the Court may pass direction upon the registrar to register the property in the name of the buyer and in this case, it will be mentioned that the Regsitry has bee done obeing directed by the Court vide the said Court Order,
3. Court will not make any Sale Deed for you to register the same.
1. Yes, he can do it being armed with the POA,
2. A PIO can buy immoveable property in India.