• Buying property though GPA

Hi,

I'm buying a site through GPA (adjudicated by DR for 200/-). The GPA was executed in USA Texas in September 2020 and the adjudication was done in India in November 2020. The GPA is done in favor of the father while daughter is the absolute owner of the site since 1997. Due to Covid situation she's unable to come is what they mentioned I also spoke to her over a call through her father last night.. they seem genuine though.

I've the registration today.. I'm in a dilemma to go ahead or not.. 
Is it safe to buy?
Secondly, what clause should be mentioned in the sale deed to ensure no problem in future

Pls guide me

Thanks!
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

You can go ahead 

2) GPA is executed in favour of family member 

 

3) it has been adjudicated and father can execute sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Well, there is no illegality in buying a property on the basis of a validly executed GPA.

Now whether the adjudication was properly done oly the advocate who sees it can advise.

On the basis of your statements the GPA looks fine.

However get an email from the father that the said GPA was validly notarised in Texas and has not bee revoked by him in the meanwhile. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

Hi,  There is no issues in buying the property through GPA and GPA has executed within family members.  Provided before going to purchase the same better you can get opinion from the advocate. 

Pradeep Bharathipura
Advocate, Bangalore
4907 Answers
254 Consultations

4.5 on 5.0

It's practical approach, need not to worry go ahead. Secondly, go through the draft contents of the sale deed thoroughly and you will get the answer to your query.

Dalip Singh
Advocate, New Delhi
861 Answers
14 Consultations

5.0 on 5.0

From your contents it can be observed that the sale execution by the GPA Holder seems to be a genuine and legally valid transaction.

The important clause is that there should be a mention that the execution of sale deed is done by the power holder.

Whatever, it is always advisable to obtain a legal opinion about the property now proposed to purchase, you can proceed after the lawyer recommends the purchase in his opinion.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

If the gpa is registered and gave the daughter powers to do so then you can. It also needs to be attested in Indian embassy in US. You can execute  an indemnity bond with her for the same or add the clause

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

Ideally sale of any property through GPA is not considered valid. It only gives right to the GPA holder to conduct the further sale of the property. 

Garima Anil Mehrotra
Advocate, Mumbai
485 Answers
1 Consultation

4.9 on 5.0

Dear Sir,

It must be signed by authorized Government Agency of Foreign Country and get it notarized in India or otherwise legalize the GPA in the office of Sub-Registrar.

Kishan Dutt Kalaskar
Advocate, Bangalore
5699 Answers
254 Consultations

4.8 on 5.0

no it is not safe to buy. ask them to appoint the attorney here and you buy the property from the attorney and get the sale deed registered. Take the possession of the property before handing over the amount. 

Gopender
Advocate, New Delhi
299 Answers

4.9 on 5.0

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