Can we buy a property from the notarised GPA holder as the owner is outside the country.
What are the consideration to make while dealing with such properties. Especially after supreme court ruling on Oct 2012.
Thanks
Bhava Sikandar (Engineer) 26 November 2012
Can we buy a property from the notarised GPA holder as the owner is outside the country.
What are the consideration to make while dealing with such properties. Especially after supreme court ruling on Oct 2012.
Thanks
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 26 November 2012
As opposed to popular misconceptions - the Supreme Court judgment in Suraj Lamps places no fetters on genuine POA's given in expediency to facilitate sale purchase of property. You have to ensure that the POA gives authority to Agent (Attoreny) to sell/register the sale in your favour. If it is notarised by Indian Consul in Country where executed and registered subsequently in India with registrar of place where property is located. You are good to go.
Still a concrete legal opinion is advisable ! Consult a lawyer
Bharat Chugh
*Advocate Supreme Court of India
ANAMIKA VICHARE (LAWYER) 27 November 2012
Bharat, you are absolutely right...
only I would like to add that the Owner has to accede to the deeds of the Power of Attorney holder later on...to remove any ambiguity......
R N Thiruneelakanden (Advocate) 27 November 2012
bhava sikandhar,supreme court ruling is on Oct 2011 and not on oct 2012.
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