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How a seller can sign agreement to sell staying out of india

Querist : Anonymous (Querist) 18 September 2021 This query is : Resolved 
Dear Expert
An property is under my consideration for the purchase. The owner is in staying with his children out of India. He is not NRI and his wish is before coming to India want to sign an agreement to sell with 20% advance of considered amount.
my questions are
1. How i can acertain he is not NRI.
2. Is it possible to sign ATS by him, then how.

I really appreciate to all expert in advance to answer my queries.
kavksatyanarayana (Expert) 18 September 2021
When the owner is coming to India, then he can directly sell the property. If he is not coming to India now, he can execute a GPA for the sale of the property either in favour of his relatives/friends or yourself. After receipt of the GPA from him, it shall be get validated and the agent can sell the property to the intended purchaser.
Advocate Bhartesh goyal (Expert) 18 September 2021
Yes, owner has to execute special power of attorney in favour of reliable person who is residing in India and can execute sale deed on behalf of owner.On basis of said power of attorney ,holder can execute sale deed in favour of intended purchaser.


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