Confirmation deed

Karuna Pedapudi (Querist) 22 September 2024 This query is : Resolved
I have a property in Bangalore which was previously owned by a presently US citizen who was an Indian citizen when he was the owner of the property until 2001. There were two issues.
1. In the sale deed which transferred the property to me there was an error of dimensions which were specified as East to West 60 ft instead of the correct East to West 40 and North to South 40 ft instead of the correct North to South 60 ft.
2. The GPA holder who transferred the property to me through a registered sale deed did not register the GPA but only notarized it. But the then sub-registrar allowed the registered sale deed. And now, the buyers say the GPA should have been registered and so need a confirmation deed for the sale and the GPA. We traced the previous owner who is willing to give a Confirmation Deed ratifying the said sale attested by the consul General of India in US. But now, the prospective buyer says Confirmation Deed cannot be made by a party someone outside the country. Is it true that a US citizen (OCI card holder) who was previously an owner cannot give a confirmation deed from outside of India? And what are my solutions? Thank you for your kind response.

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A property owner in Bangalore is seeking clarification on a confirmation deed for a sale where the original owner has since become a US citizen. Issues include an error in property dimensions in the original sale deed and a notarised, rather than registered, GPA. While the previous owner is willing to provide a confirmation deed from the US, concerns have been raised about its validity. Advice suggests a rectification deed for the dimensions and notes that confirmation from the principal may have been optional for GPAs executed before 2011. If a confirmation deed is needed, it can be executed abroad via an Indian consulate or notary, then adjudicated in India.

T. Kalaiselvan, Advocate (Expert) 22 September 2024
Firstly there is an error in the schedule of property which needs to be rectified by executing a registered rectification deed.
Secondly, if the property was sold to you by the power agent before the year 2011, then the confirmation signature by the principal of the power agent was optional hence it is valid and there's no necessity for the owner to execute a confirmation deed at this stage.
Besides, if at all the confirmation deed or the rectification deed is to be executed, it has to executed in person before the sub registrar or through another power of attorney deed to be attested by a n official of Indian consulate or by a notary public of that country and to be adjudicated by the sub registrar concerned in India.

Karuna Pedapudi (Querist) 22 September 2024
Thank you very much for you kind response. Regards,
Karuna Sagar.

T. Kalaiselvan, Advocate (Expert) 24 September 2024
You are welcome for our appreciations.

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