Civil Procedure Code (CPC)

Assignment of property to buyer who is abroad

This query is : Resolved 
 


Querist : Anonymous (Querist)
05 December 2020

Hello Sir,

I want to sell my property to a buyer working in abroad . As the process goes , we have agreed and prepared draft sale agreement .
Can you let me know what is process to be followed to legalize the sales agreement .
How can he sign the document . Will the scanned copy work

Thanks


Isaac Gabriel (Expert)
05 December 2020

Yes.Exchange by electronic means is valid inlaw and acceptable.



Guest (Expert)
05 December 2020

On Line Registrations of Sale Deed is acceptable in many States of India.


Querist : Anonymous (Querist)
05 December 2020

Hello Sir,

As a next step , i prepared the sale agreement on Rs. 200 Non-Judicial Stamp paper .

Can i send it to the buyer in abroad . Who should sign first . It's me or him.

Thanks

Advocate Bhartesh goyalOnline (Expert)
05 December 2020

Better ask to buyer to execute a power of attorney to any one who resides in india and who may complete all formalIties on behalf of buyer to purchase the property.

P. Venu Online (Expert)
05 December 2020

Yes, the best option is to carry out and complete the transaction through a Power of Attorney.

Moreover, unlike the agreement, execution of the sale deed does not require the signature of the purchaser. Please verify.

kavksatyanarayanaOnline (Expert)
05 December 2020

You request the buyer to give a Special Power of Attorney to his relatives in India to purchase purpose only and to do necessary acts/deeds for buying a property on behalf of him.

Dr J C VashistaOnline (Expert)
06 December 2020

Agreement to sell can be executed and registered or notarised by an authorised representative of vendee /buyer, advise him accordingly.

Rajendra K Goyal Online (Expert)
06 December 2020

You have options:
i) The prospective buyer can execute a Special Power of Attorney favoring some of his relative there and send it here get it stamped in India as per laid down procedure. The POA holder can proceed to complete the sale purchase process.
ii) The buyer can sign the agreement before Embassy prescribed official duly certified by him, send the document in India and the same would be stamped in India accordingly.



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