After the judgment in the lamps case, he is not the owner of the property. Therefore he should complete the necessary paperwork and then only he can be the true owner of the property.

You shouldn't buy it. A power of attorney holder is not the owner of the property.

SPA should be duly attested before Indian consulate 

2) if it is attested it does not require registration in India 

3) on basis of SPA seller can sell the property 

Insist that POA is attested before Indian consulate 

2) if you are not comfortable buying property through POA insist that sale deed will be executed when he comes down to India 

1. Such sale through POA is allowed in specific cases where the seller is unable to come to the Registrar's office.

2. Such POA shall have to be registered also.

3. In case of the earlier POA, it was for purchasing the property which can not be used for selling it.

1. The said purchase through POA is advised against.

2. Buy it if the seller can himself register the sale deed.

3. If he wants to sell it through POA, the said POA  shall have to be registered. If he can come to India for registering the POA, he can register the sale deed either.

It is absolutely safe to purchase property through SPA from of seller from abroad. Check the previous and current SPA of proper attestation from Indian Consulate. Apart from that following are the documents to be checked…

1. Original sale deed in favor of seller. (if sale deed is available, the risk of bank lean of property ruled out)
2. Original sale deeds of seller’s seller and linking documents.
3. Municipal records, as to whether property is mutated in seller’s name.
4. Clearance of municipal dues, electricity dues, water cess, telephone dues.
5. Whether the property self acquired by seller or ancestral.
6. Legal heirs/sharers in the property of seller for obtaining consent of all of them.
7. If property is newly constructed, the approved sanction plan.
8. A public notice to be issued seeking objections by unknowns to purchase of property.
9. Circle rate of property for payment of stamp duty.

Sir 

Don't worry. Transfer by POA is not a transfer but transfer THROUGH POA is absolutely ok. There are many things when registration of property is done. So no one can give complete details here. It's better to either meet and get your papers checked or if you are ok, you can engage lawyer to assist you in completing registry process. You will get peace of mind. We also provide property assistance services. (I presume he is getting property sale deed registered in your name)

Good luck

gmguptaandassociates

Dear sir,

It is not advised to buy property by SPA as the legal position on its is not supportive.  Courts have generally abstained buyers from doing so. Thank you.

If the seller bought this property through a special power of attorney agent who execute3d the sale deed on behalf of his principal, then this seller becomes an absolute owner with clear and marketable title to sell this property to the prospective buyer either by himself or by authorising any close relative or friend by executing a special power of attorney deed.

Therefore you may have to ascertain the derivation of title to this seller  and obtain a proper legal opinion from a local advocate before venturing into the purchase.

The best precaution that is to be taken in this regard is to obtain a proper legal opinion from an expert lawyer in the local who has expertise in such dealings.