• Buying property though GPA

Hi

I've got the site registered in my name through the GPA holder (Father), property was in daughters name for 23 years.. she is currently in the USA.. the GPA she's given was only notarized from the USA but was not attested by the Indian embassy or consulate, my question is.. can I ask the owner (daughter) to get the same GPA attested from the Indian embassy or consulate now? post the property being registered in my name, the same GPA has also been adjudicated by the Indian district registrar..

The point here is that I am getting the GPA attested by the Indian embassy/consulate post having the GPA adjudicated in India also post having the property transferred/registered in my name
Asked 1 month ago in Property Law
Religion: Hindu

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12 Answers

Yes. Without notarisation of attention from abroad and then asjudicating it in India the GPA can not be enforced here. 

If the property is transferred then there is no point in making now. Rather get a deed of ratification executed and notarised by her. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

There's no need to get the GPA attested by the Indian embassy post having the GPA adjudicated, having the property transferred/registered in your name in India.

Shashidhar S. Sastry
Advocate, Bangalore
3338 Answers
190 Consultations

5.0 on 5.0

If GPA has been adjudicated by registrar in India it is not required to be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

There is no necessity for the GPA deed to be attested by an Official of Indian Embassy of that country especially if the deed has been attested by a notary public of that country.

Without an attestation by a notary public or by an official of Indian embassy, the registrar in India cannot adjudicate the deed in India which has been executed in a foreign country.

Now since the property sale deed has been executed and registered on the basis of the GPA deed which has been duly adjudicated in India by the concerned sub-registrar, it can be understood that the deed had been attested by a Notary public of that country and also since the sale deed has been already registered on your name, there is no necessity fr you to unnecessarily obtain a attestation from the Indian embassy of that country, especially once the GPA deed has already been adjudicated by a sub-registrar in India, the Indian embassy of that country would refuse to attest the deed. 

In my opinion there is no legal infirmity in it hence better do not complicate simple things. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

1. AFTER the "CONCLUDED" events described by you, attestation of POA by ANY authority is legally infructuous and shall remain null & void. On the Contrary it would be classified as misrepresentation, fraud & cheating during any consequent legal disputes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5541 Answers
25 Consultations

5.0 on 5.0

- Since the said property already registered in your name by the office of the Registrar after accepting the said GPA executed by the daughter , then it is not mandatory to be attested from the office of Indian consulate in USA. 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

Immovable property can be legally transferred only by way of a deed of conveyance which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908. Notarization of GPA is not equivalent to registration. The sale is illegal if the GPA is not registered.

If a person resides abroad, the PoA should be attested by the Indian consulate in that country. Such a PoA should be used within three months of the date of execution.

A NRI staying in US needs to sign the power of attorney before a consulate officer or a notary in the country of his residence. The signature on the deed has to be attested by the consulate officer or notary. He needs to sign all pages of the deed. It then needs to be sent to India and should be presented for adjudication within three months. Adjudication is a method of paying proper stamp duty for a power of attorney.

 So check whether the PoA is adjudicated properly and paid the stamp duty .If it is done be so it will considered as a valid  PoA.

Ajay N S
Advocate, Ernakulam
3710 Answers
76 Consultations

5.0 on 5.0

Hi 

Whilst attestation of GPA by Indian embassy/ Consulate is only to authenticate that the daughter in fact executed the GPA, the registration of GPA at Sub-Registrar office is mandatory in law. 

In your case, it appears that the GPA has been registered at Sub-Registrar office by paying the requisite stamp duty and registration charges and thereafter the property has been transferred,  technically, you are in compliance with law and hence no further action is required. 

We also presume that you have made payment of sale consideration to the daughter which again should support your title . 

However, for any reason, you doubt the authenticity of the GPA , then please ask the daughter to get the GPA attested by Indian Embassy. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2092 Answers
394 Consultations

5.0 on 5.0

Hi,  if the GPA has notarized in USA and same has adjudicated before District Registrar then it is valid. 

Pradeep Bharathipura
Advocate, Bangalore
4907 Answers
254 Consultations

4.5 on 5.0

Dear Sir,

You have to check with concerned Sub-Registrar and take specific instructions and act accordingly.

Kishan Dutt Kalaskar
Advocate, Bangalore
5699 Answers
254 Consultations

4.8 on 5.0

May I please know the reason to get GPA apostille after execution of the Sale Deed? Once the sale deed is registered you can mutate your name in the property records. 

Pooja Ashar
Advocate, Ahmedabad
171 Answers
1 Consultation

5.0 on 5.0

1. Since you have got the deed registered based on invalid POA, your said deed might be challenged  by the said daughter or her legal heirs later on.

 

2. You can get fresh POA legally executed by the daughter and thereafter file a rectification deed annexing the POA received afresh by you.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

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