The sellers cannot sign the agreement which has been executed in a nonjudicial stamp paper sitting in a foreign country because Indian stamp paper is not valid beyond the territories of India. 

If the builder is getting the tripartite agreement franked subsequently then to what extent  is getting the franking of stamps. 

This is a tripartite agreement hence it is not mandatory to get the document executed by a registered deed. 

The sellers can authorise a common person for both as their power agent by executing a power of attorney deed in that country duly notarized by a local notary public or attested by an official of the Indian embassy. 

If the sellers have obtained any home loan then they may have to get NOC from their banker.

Apart from all the above also execute a indemnity bond for your safety 

1) document should be franked before it is signed by parties 

2) seller should sign the agreement before the Indian consulate 

3) attestation before Indian consulate proves that seller has signed the agreement 

4) tripartite agreement has to be registered 

5) wife can give POA to her blood relatives but her husband cannot do so as POA would attract higher stamp duty 

1. On the basis of assignment deed the builder can not sell the property alone. In other words like the assignment deed , the final deed of sale will have to be signed by all of you. Since the sellers are absent they will have to give POA to someone to do this job.

2. That is why scenario 2 is the option to be adopted. 

Seller can execute POA for registration purposes 

in alternative ask seller to come down to India for registration 

special power of attorney if executed in favour of non blood relative attracts higher stamp duty ie around 6 per cent 

stamp duty is state subject and varies from state to state 

if agreement is not attested before Indian consulate seller can claim he has not signed agreement that his signature was forged etc 

The tripartite agreement franked subsequently in India after it has been signed on a plain paper at a foreign country is considered as valid.

As a matter of fact the sellers are not having clear and marketable title to the property by  a registered document as of now hence they cannot execute a registered sale deed in favor of the prospective buyers. 

However since they have entered into a registered sale agreement with the builder, it needs to be cancelled only after which the encumbrance created on the proeprty will be removed.

If the sale agreement was executed by an unregistered deed, then the unregistered tripartite agreement between the builder, seller and the buyer by observing the other formalities should be sufficient , however you are advised to obtain a proper legal opinion from a lawyer before venturing into the purchase for your future safety

1, Ask the seller to engage a POA to act for and on his behalf.

2. For executing a POA. he shall have to get his signature on the POA approved/vetted by the appropriate officer of the Indian Consulate and send it to the POA holder by courier.

3. The POA holder thereafter shall have to take the said POA to the local stamp commissioner and get a Rs.50/- stamp affixed on it to make the POA complete in all respect.

4. Thereafter the POA holder can sign the tripartite Assignment Agreement and finally register the sale deed of the property in your name.

1. Signature on any document can be challenged on a later date unless it is registered or at least notarised. 

2. In case of the signature of the person staying in some other Country (on POA), the signature shall have to be vetted by the appropriate officer of the Indian Consulate of the said Country.

It’s valid if he is physically present