• Registered GPA/Confirmed GPA

Dear sir,
i am planning  to purchase a house.its joint property of NRI couple living in USA.WIFE gave GPA to HUSBAND.GPA is stamped by a USA notary.on GPA there exists local SRO stamp duty for 1000.
HUSBAND  saying to me that   "GPA is confirmed by SRO.In EC these details will not appear"
my queries are
1.is GPA is valid as it is stamped by USA notary. only WIFE sign exists.no other official sign exists.
2.can I go for purchase this house,though GPA details does not exist in EC
Asked 2 years ago in Property Law from Hyderabad, Telangana
Religion: Other
The said GPA is valid if it was endorse by the consulate of USA in India and accepted by the local Sub -Registrar then you can go ahead. You should better to get a Legal Heirs Certificate from the vendor.
Minansu Bhadra
Advocate, Kolkata
384 Answers
26 Consultations

4.9 on 5.0

1) in many such cases purchaser refuses to purchase any such property unless sale  deed is executed by both co owners 

2) GPA for sale  of property by NRI should be attested by Indian consulate and submitted for registration in India 
Ajay Sethi
Advocate, Mumbai
41659 Answers
2391 Consultations

5.0 on 5.0

Hi. General Power of attorney even though it is registered it will not come in EC as the GPA is executed in USA and it is adjudicated in District Registrar then only it is valid GPA.

2. It is better you can get the legal opinion  from the local advocate  and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4453 Answers
200 Consultations

4.3 on 5.0

The GPA is valid.In the case of NRI, GPA is attested by Notory and further paid the stamp duty  and it is adjudicated in District Registrar for execution of the same.

You can purchase the house  but the GPA is not reflected in EC .
Ajay N S
Advocate, Ernakulam
2694 Answers
40 Consultations

5.0 on 5.0

Hi, technically if it is stamped by SRO it is fine. GPA will not appear in EC. Ask for a GPA certified copy from SRO. Also need to chk the contents of GPA with lawyer. 
Rajgopalan Sripathi
Advocate, Hyderabad
1206 Answers
137 Consultations

5.0 on 5.0

1. If the GPA executed in US is registered in India then it is a valid document as a legal instrument. Get the GPA vetted by a lawyer and also carry out due diligence to ensure that title is free and marketable.

2. GPA will not show in EC.
Ashish Davessar
Advocate, Jaipur
22896 Answers
620 Consultations

5.0 on 5.0

Yes, it is valid.  It should appear in the E.C.  Along wife signature, husband signature should also be there.  Since the GPA will contain sale powers, it should be registered in SRO (just like sale deed).

Since you have paid 1000/- the SRO stamp should be there.  There is something fishy in the matter.  If you are interested contact me through Kaanoon.com.  
Ravinder Pasula
Advocate, Hyderabad
397 Answers
89 Consultations

5.0 on 5.0

The GPA executed in favor of the agent by the principal who is residing in a foreign country should first by notarised by a local notary public or that country or to be attested by an official of Indian Embassy or an officer with the Indian High Commission situated in that country, this GPA should be sent n a sealed cover to the said power agent who will produce it before the concerned Registrar where the property situates, the registrar will break open the cover, and after verification of the genuineness of the power agent by everifying his identity details, shall register the same by asking the agent to pay the appropriate stamp duty and registration charges for the GPA deed, then the GPA deed becomes valid and the power agent shall be eligible to sell the property on behalf of the principal/property owner.
The GPA deed can be held valid and the GPA can transfer the property by executing a registered sale deed only if the GPA deed has been registered properly following the laid down procedures in that regard, anything less than that shall make the sale deed null and void and the buyer has to run from pillar to court seeking justice or return of investment.
Take a legal opinion from a local advocate by producing all the papers before venturing into the proposed registration of sale deed. 
T Kalaiselvan
Advocate, Vellore
31761 Answers
344 Consultations

5.0 on 5.0

Ask a Lawyer

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