• NRI couple - can wife grant GPA to sell property to husband or other relative

Married NRI couple, wife wants to sell her property in Karnataka, but can't travel to India due to medical reasons. Can wife grant GPA to husband to sell the property (sale proceeds to go to wife's NRO bank account)? In case, Covid restrictions disallow travel for husband too, can the GPA be granted instead to non-blood relative?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Wife can execute specific POA in favour of husband or family member for sake of property 

 

2) it should be attested before Indian consulate 

 

3) if executed in favour of non family member it attracts higher stamp duty 

Ajay Sethi
Advocate, Mumbai
94517 Answers
7485 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

Please note that a POA is an instrument empowering a specified person to act on behalf of the person executing the transaction. In the past, you could make a POA in favor of any close relative and execute a sale deed. But the legal scenario concerning sale deeds via POA has changed. In Suraj Lamp & Industries Pvt Limited vs the State of Haryana case, the Supreme Court held that property transactions carried out by way of POA do not hold legal validity. Therefore, if you transfer any property be way of POA instead of a registered sale deed, the sale will have no value in the eyes of law. Thank you.

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

GPA is to be granted only to an relative though nearness of relation is not mandatory. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

- Yes, she can execute POA/SPA in favor of her husband , if she unable to come to India.

- However , this POA must be notarized as per rule in UK , and further it should be attested from the office of Indian Consulate in UK. 

- Further , if husband also unable to come to India , then she should execute POA in favor of any relative . 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

Yes Wife can grant GPA in the name of her Husband with his CONSENT, only if the TITLE of the Ownership of the Property is in the name of the Wife. Wife also need to provide the adequate reason behind such transfer.

In case Husband is not permitted to travel, then Wife can grant GPA in the name of any other person of her choice with the Consent of that particular person.

That person should not be a Minor or of Unsound Mind or Lunatic but can be of Non-Blood Relation.

GPA need to be attested by 2 WITNESSES.

Ritwik Sarkar
Advocate, Kolkata
26 Answers
2 Consultations

5.0 on 5.0

1. Yes, wife can empower her husband through POA to sell the property.

2. GPA can be given to non-blood relative also, but around 5% of the value of the property has to be paid as Stamp Duty. However it depends on the wordings in the GPA.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

In Karnataka, a GPA given in favour of any third party (not blood relation) attracts same stamp duty and registration fee as to in of blood relative.

GPA can be given to any person.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

There is nothing to worry. GPA can be granted to anyone. She need not to travel and her GPA holder can transfer the property on her behalf. Good luck. GMGupta Advocate

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

A NRI cnnot give GPA to another GPA.

A NRI can GPA to a close relative back in India or to a friend/third person too.

The GPA can be given to a non blood relative too.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If POA is executed by wife in favour of relative for sale of property it attracts nominal stamp duty 

 

if however executed in favour of third party it attracts stamp duty as conveyance 

Ajay Sethi
Advocate, Mumbai
94517 Answers
7485 Consultations

5.0 on 5.0

There is no question of additional stamp duty. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

The stamp duty applicable to a blood relative  to that of the non blood relative for registering the GPA deed is different, hence there would have been a mention about the additional stamp duty. 

However there is no requirement to pay additional stamp duty for execution of registered sale deed in favor of the prospective purchaser. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Any immovable property can be sold or purchased by person residing abroad through Special Power Attorney. The procedure  is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries giving SPA to any of you relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. SPA requires a specific  format. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

It is not POA or GPA it is SPA (SPECIAL POWER OF ATTORNEY). It is mechanism for selling property owned by person not residing in India through his/her attorney residing in India. The person giving SPA is called principal and the person authorized to sell is attorney. The principal is title holder and attorney his agent to execute and register sale deed. This is the arrangement  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Sir/Maam

You can grant GPA to a third person to sell your property by way of proper registered sale deed. You have to be care full while drafting the GPA and should carefully follow all the requirements of attestation by consulate/ notary and registration of GPA at registrar office in India, etc to avoid any problems later on.

As in your case the property has been brought several year ago. Your tax liability on a property sale will depend on how long you have held it. If you are selling a property that you have owned for more than two years, then you will incur a long term capital gains tax which is taxed at 20%.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer