Need to register my wife's name along with my name for flat

This query is : Resolved 
 

(Querist)
03 August 2009

Hello experts, Need your advice...
I've planned to buy a property(flat) in Bangalore where I currently reside. We would like to register this flat in both mine and my wife's name. But the problem here is that my wife has gone to Bahrain(Gulf) for her maternity leave and won't be able to come back till mid October. Here builder is pressurizing me to get the registration completed and settle his dues.

Few options that I've heard of are
1. My wife to provide GPA to me for property registration purposes.
2. Register the property in my name for the time being and later include her name (not sure on the money involved for this option)

Given this situation, what alternatives do I have? Please help.


Advocate SK Rohilla New Delhi (Expert)
03 August 2009

Tell your wife to sent GPA which is duly notorised and authenticated by Consular office India established in Behrain.

Consult local lawyer also as matter is govern by state law.

Suhas Bennikal (Querist)
03 August 2009

Appreciate your quick response...

Is there any way I can register the property in my name for time being and later add her name to the sale deed as a co-owner. If yes, can you give a rough idea as how much would addition of my wife's name to the sale deed cost me?

Looking forward for your response, thank!

Y V Vishweshwar Rao (Expert)
03 August 2009

it is easy to get a special power to represent your wife as Co- purchaser in the sale deed in both of your names ( for appearence before the SRO ) -
it will not costs more - get the Spl Power from Beherain for the purpose - to represent Your Wife as Co- Purchaser in the sale Deed

2-if after Sale Deed in your name only -
You have to execute a Regd Gift Settleemtn deed after Registration of the Sale Deed in your name ( sinlge name )

The Stamp Duty for Gift in favour of Wife in Andhra Pradehs State is 1% only- You have check up with your locla Sub regisatrar office in this Regard to know what would be the cost of Gift Deed Stamps in your local Area /State !


Suhas Bennikal (Querist)
03 August 2009

Thank you Mr.Rao!
Really glad to have found this portal.

Do you have a Special POA format which you can kindly share it with me?

Thanks again!

Khaleel Ahmed (Expert)
03 August 2009

Get the GPA from your wife attested by Indian Embassy at Bahrain,proceed for Registration with both names as purchasers.

kranthi kiran (Expert)
03 August 2009

First find out with the Local Registration Authorities as to, whether the presence of purchasers is mandatory in your state as per the prevailing laws. In most of the states, Vendees/purchasers are not required to attend the Registration Office. Only the Photo, thumb impression and the signature on the 32-A form are required. Any major, sound person can represent the purchasers at the Registration Office.

Y V Vishweshwar Rao (Expert)
03 August 2009

I will forward ,but you have to chek up with your local SRO for regisatration of docuements and it is better to avail the locally availabel Forms - in SRO office .

mahesh more (Expert)
03 August 2009

you can put her name in the sale deed even if she is not available for registration.
you just send the deed to her & get it deed signed by her and present it for registration, the registration office will register the deed (with your photo & promoters photo)but will not return the original deed to you, which you will get when your wife comes back and presents herself in the registration office then her photo & thumb impression will be taken which will complete the procedure of registration of document.

A V Vishal (Expert)
04 August 2009

GENERAL POWER OF ATTORNEY
Know all men by these presents that I , ......................S/o, D/o, W/o ......................., aged ... Yrs, currently residing at…………………………… ,....... Country , do hereby nominate, appoint and constitute Sri ................, S/o ..........................., (Hereinafter called “Attorney” who has subscribed his signature hereunder in token of identification) aged ... Yrs, resident of ........................., as my true and lawful attorney to do anyone or all acts, deeds and things hereinafter mentioned that is to be my name and on my behalf, namely:
Whereas I am intending to purchase a house bearing ......................... situated in .............................. at ...................
1.To execute and sign all such deeds as shall be required or may be deemed proper for or in relation to all or any of the matters or purposes aforesaid.
2.To appear and act in all the courts, civil revenue or criminal, whether original or appellate, in the registration offices and in any other offices of government or District Board, Municipal Corporation or Notified Area or any other local Authority and to admit execution of the agreement of sale/sale deed before the said Registrar/ Sub Registrar of Assurances or any other authority/authorities as may be required for the purpose.
3.To sign and verify plaints, written statements, petitions of claims and objections of all kinds and to file them in any such court or office.
4.To apply to courts and offices for copies of documents and papers.
5.Generally to act as my attorney or agent in relation to the matters aforesaid and all other matters in which I may be interested or concerned and on my behalf to execute and do all deeds, acts or things as fully and effectual in all respects as myself do if personally present.
6.I hereby for myself, my heirs, executers, administrators and legal representatives ratify and confirm whatsoever my said attorney shall do or purport to do by virtue of all this deed on my behalf.

In witness whereof the aforesaid Principal signed and executed this deed of Power of Attorney on this the …….. day of ........ Two Thousand and ...........



Specimen signature PRINCIPAL
Attorney named above

Y V Vishweshwar Rao (Expert)
04 August 2009

Dear Vishal

it is not the General Power of Attoreny for regular act/things and deeds

Spl Power of attorney under 32 A of Registration Act fro admitting the execution , to present as purchaser under a Sale deed before the SRO -

it is already psoted by you under another query GAP it is under Sec 32 A of Registration Act ,

the Soft Copy is with you I request you to post the same to help the above need person !

Thak You

Deekshitulu.V.S.R (Expert)
04 August 2009

Her presence is not necessary
Only ting is that there is a form under Sec. 32-A. If the photo and Thum impressions of your wife are obtained on them then you can present the sale deed for registration and the presence of purchaser is not at all necessary. This is from A.P Rules and Regulation under Stamp and Registration ACt. .

Hence sned the papers by courier to your wife and get her thum impressions on the form and affixing photo is almost easy since they will be with you
Bye

Y V Vishweshwar Rao (Expert)
04 August 2009

PHOTOGRAPHS AND FINGER PRINTS AS PER SECTION 32-A OF REGISTRATION ACT, 1908.

Sl.NO. Finger print in BLACK INK (left THUMB) PASS PORT SIZE PHOTOGRAPH NAME & PERMANENT POSTAL ADDRESS OF presentant Seller/Buyer



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- - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - -

- - - - - - - - - - - -- - - - - -



- - - - - - - - - - - - - - - - - -

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- - - - - - - - - - - - - - -- - -




Signature of Witnesses; Signature of the Executants
I am/we are residing at......................... and unable to present either my self/ourselves or send a representative are the time or registration m S.R.O/R.O .................. I / we mav be exempted from appearance in person or through representative under section 32-A of Registration Act. Proof of Residence/identity 'is enclosed herewith.

Signature of the Buyer / (s)
Note; As Residential proof true
copy of Ration Card /Driving License/
identity Card/PAN card etc attested by any
Gazetted Officer /Notary public, shall invariably
be produced at the time of registration.

A V Vishal (Expert)
04 August 2009

Dear Rao

The format posted by me is for not mere registration, other formalities which follow post registration of the flat needs to be taken care of, so the format posted by me has wider purpose, the one posted by me under 32-A is exclusively for registration.

Suhas Bennikal (Querist)
04 August 2009

Thanks everyone.Small clarification needed....

Slightly confused, Should my wife provide Signature or Thumb Impression or both. Also where do we need fix the passport size photo.

A V Vishal (Expert)
04 August 2009

For 32-A, both are required along with a PP Sized color photo and no attestations are further required. But for GPA signature is sufficient, however it has to be attested by a foreign notary or the Indian Embassy at Bahrain



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