He should appoint a person through the PoA who will represent him during the registration process.
He can give it to anybody whom he considers trustworthy. He will represent him and be present at the time of the registration of the sale deed.
Purchase of 2bhk flat in Navi Mumbai from an NRI Seller
Sir / Madam, I am planning to buy an 2BHK Flat in Navi Mumbai from an NRI seller. Seller stays in UK. I have below questions : 1. As the owner can't come to India for registration what all formalities I need to follow so that this transaction is completed 100% safe for me 2. In such property purchase transaction, can seller give power of attorney to complete the registration formalities. 3. To whom can a seller give power of attorney for registration of sale deed. Thanks & regards
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
seller has to execute specific POA in favour of family member to sell the flat
2) it should be attested before indian consulate
1. you will have to deduct full TDS @20% from sale price and deposit that with the government. please consult your CA
2. Yes
3. anybody. however the sale deed has to be signed by the seller before a notary public or before the Indian consulate/embassy. same goes for the poa which the seller has to sign. both these documents then have to be couriered to the poa holder who will then take steps for stamping the sale deed and for registration using the poa
A GPA executed by title holder from abroad and attested Indian Consulate/High Commissioner is valid and legal for purchase of property. It can be given to blood relation or friend. But is safer to take the GPA in the name of his relative. You need to check the following…
- Original sale deed in favor of seller. (if sale deed is available, the risk of bank lean of property ruled out)
- Original sale deeds of seller’s seller and linking documents.
- Municipal records, as to whether property is mutated in seller’s name.
- Clearance of municipal dues, electricity dues, water cess, telephone dues.
- Whether the property self acquired by seller or ancestral.
- Legal heirs/sharers in the property of seller for obtaining consent of all of them.
- If property is newly constructed, the approved sanction plan.
- A public notice to be issued seeking objections by unknowns to purchase of property.
- Circle rate of property for payment of stamp duty.
- No dues certificate from Society if it is in society.
The NRI vendor needs to execute a PoA in favour of his relative or friend in India empowering the agent to execute and register the sale deed in your favour. You may obtain an attested copy of his passport for verification purposes. Please engage a lawyer to verify the PoA to ensure it is in order.
You need to do the sale deed through POA holder of seller.
Yes
Anyone
The seller being a NRI and not able to come to India for executing a registered sale deed in favor of the buyer, he can very well appoint a power of attorney agent to act and do all such tasks on his behalf by executing a power of attorney deed in favor of any close relative back in India.
The POA deed should be adjudicated by the concerned registrar before the power agent is acting on the basis of the said deed.
Dear Client,
According to a latest supreme court judgement on power of attorney 2021, an example was given that a seller may give a Power of Attorney to his spouse, son, daughter, brother, sister or a relative, to manage his affairs or to execute a deed of conveyance.
Thanks & Regards
