- This topic has 2 replies, 2 voices, and was last updated 1 year, 5 months ago by
.
-
Posts
-
-
UHello, I am planning to buy a flat, the owner is residing in US. While having the initial discussion the owner agreed to travel to India for the registry process, however now he is saying that he will give the power of attorney too one of his family member and he will help with the sale of the property. Now according to the ruling made by Supreme court in 2011 and the information in link https://www.99acres.com/articles/is-it-safe-to-buy-property-through-general-power-of-attorney.html, it looks like the transfer of property through general power of attorney cannot give ownership title to the buyer. However in my society many people have gotten the property transferred through the GPA recently, however it does not seems right to me. Can you please suggest if I am being too paranoid or transferring the property through GPA is allright?
-
BLawyer here.
This is very much possible.
You are confusing things. So let me explain.
There used to be a practice prevalent in India where instead of executing a Registered Sale Deed, one would execute a Will, a Power of Attorney and an Agreement to Sell to convey the title in the property. The Apex Court in Suraj Lamps v. State of Haryana held this practice to be illegal. So now you cannot convey your title through a Power of Attorney.
That is different from your case. You can execute a registered Power of Attorney and make a person your representative for signing and executing a Sale Deed or any other instrument on your behalf. Just ensure that the Power of Attorney is stamped and Registered before the Registrar of Deeds (your District Registrar or Sub-Registrar).
-
-
