US CITIZEN PIO CAN EXECUTE GPA IN INDIA

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
Mr.Kumar and his Sister Mrs.Chandrika own a flat in India. Mrs.Chandrika and Mr. Kumar are persons of indian origin but Mrs.Chandrika is settled in USA since 14 years and also holding U.S.A.PASSPORT i.e. USA citizenship.

Whether Mrs. Chandrika now in India during her trip to India, can execute GPA in favour of MR Kumar to sell the flat and to receive the payment of her share which is 50%

Whether such GPA is valid in India in view of her being USA citizen.(but Person of Indian origin)
If the answer is no what is the remedy?

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A V Vishal (Expert) 21 December 2010
Yes Mrs Chandrika can execute a GPA in India to Mr Kumar, her brother to execute the sale and receive the proceeds, however, since the power is to execute a sale deed that is sale of immovable property the same is required to be registered.

Khaleel Ahmed Mohammed (Expert) 21 December 2010
Yes, she can give registered GPA to his brother for the purpose of sale of the said property and collection of the sale proceeds.

bhagwat patil (Expert) 22 December 2010
SHE CAN EXECUTE REGISTERED POA.

s.subramanian (Expert) 22 December 2010
Yes. Such GPA is valid and lawful.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2010
A US citizen can not execute POA in India.Morever if the he / she is holding property in India the Govt has to be informed.

malipeddi jaggarao (Expert) 22 December 2010
But she an NRI, even persons of Indian Origin though they are citizens of other countries are NRIs. They can execute POA.

Khaleel Ahmed Mohammed (Expert) 22 December 2010
Mr.Shashi is absolutely wrong.

Advocate. Arunagiri (Expert) 22 December 2010
I agree with the views of all the experts except to Mr.Sashi.

Uma parameswaran (Expert) 23 December 2010
I am thinking it comes under The foreign Exchange Management Act,1999(FEMA),(Acquisition and Transfer of immovable property in India) Regulations 2000.

Arun Kumar Bhagat (Expert) 01 January 2011
She can execute registered POA in India.

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