No he can't object to the same. Yes it has to be attested by Indian consulate and later registered in india
Validity of GPA executed overseas in India
I'm a prospective buyer of an apartment in Gurugram currently owned by an NRI residing in the USA. To sell his property he has executed a GPA in the favor one of his distant relatives and has gotten it notarized in the US. Does the GPA, once it is received by the GPA holder, need to be registered by the registrar in Gurugram / US consulate in New Delhi, or both? Is it possible that the registrar might object to the sale registry even though the said GPA has been locally registered wherever it needs to be registered?
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
It has to be registered before the registrar in that district.
The registrar won't object to it unless some documents are incomplete.
GPA executed abroad has to be attested before Indian consulate in USA
2) it does not need further registration in India
3) mere notarised POA executed abroad would not suffice
If the GPA has a power to sell then in most Indian states such a GPA is required to be registered
It has to be registered with the Sub registrar within whose jurisdiction the property is situated
It cannot be registered by the US Consulate in Delhi
No, the GPA executed in United state must be authenticated by the consulate in United state by the executor.
The same GPA should be notarized in India and then submitted to the register for the registration of the property GPA should be valid only when it is issued and executed in overseas and authenticated by the Indian consulate there. this has nothing to do in US consulate in India.
CONSIDER THIS:
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.
The GPA executed in USA is valid in India if notarised on foreign soil.
However only work to be done in India is to get it adjudicated or stamped from stamp authority.
In this USA Consulate has nothing to do nor the Registrar can raise objection.
The POA should be done in front of Indian Embassy Consulate in USA and same agreement needs to register with registrar in India for your property area.
The GPA deed notarized in that country has to be adjudicated before the concerned registrar in India to make deed legally valid for carrying out the assignment mentioned in the deed.
It has to be registered before the local Registrar.
In case the GPA is correctly and legally executed the registrar will not object on sale of property through GPA.
It will register within 4 months at sub registrar office where property is situated.
No objection after registration.
- The said GPA should be notarised and attested from the India Embassy of that country , where the seller is based presently, and only a notarised is not enough.
- Further there is no requirement of registration of the said GPA in India .
- The said GPA holder can execute Sale deed in your favour on behalf of the seller residing abroad.
That GPA have to be registered in the Tehsildar office of Gurugram.
1. Yes it need to be registered in Gurugram to make it valid for sale of property.
2. Yes if there is some other discrepancy in documents then sub registrar can refuse to register the sales deed
Dear Sir/Madam,
You are suggested the said GPA should be attested and authorised by the Indian consultate at USA and then send the same to India. It is to then registered in India and then registar will have not authority to object to the sale through the said GPA.
The POA must be registered with the Sub Registrar/SDM Office and once registered it can be used for registration of the property.
1. The said GPA is invalid.
2. He shall have to execute the GPA and append his signature before the appropriate officer of the Indian Consulate at USA where he resides.
3. Thereafter he shall have to send it to his Advocate in India who will get the said GPA validated by the local Indian Collector by affixing a stamp of Rs.50/-. The Indian Advocate shall have to preserve the envelope through which the said GPA has been sent from the USA and it shall have to be validated within 90 days from the date of its being attested by tyhe Indian consulate.
No, the Registrar cannot object to register the transaction. If he objects, he has to give reasons in writing, in such case, the said objections if any, can be complied and then the same will be registered.
Simple notarized GPA from the US would not work to register the property in your name. It needs to be duly apostilled as well.
Once POA holder receives a duly notarized and apostilled GPA, they'll have to get it registered in Gurugram.
