SS (Mgr) 15 October 2010

GPA from NRIs and stamp duty

I have a property in a joint name (my spouse and myself) in Hyd, that we want to sell. We currently live outside India and hence,I have a few questions

1. If we give my father (spouse's FIL) a joint GPA, is it valid?

2. We are informed that a GPA to a non-blood relative attracts a stamp duty of 1% of sale value. Is that correct? What if I am issuing a GPA based on a future intent to sell? How can I attach a value at the time of registering the GPA?

3. Does the GPA need to be registered in Hyderabad only? Is a GPA registered in one city valid across India?

4. Is my spouse considered my blood relative for purposes of a GPA? Is there a different charge to register such a GPA?

5. If my spouse gives me a GPA and I go to India to close the transaction, where should I register the GPA? What is the registration charge in such an event?

Thanks much. This is an urgent need for information/education for us

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2 Replies

M. A. Khan (advocate) 15 October 2010

Yes you can give GPA to your father. stamp duty depends upon the state, in which you father lives. If he is in mumbai, than as per bombay stamp act, for father, Rs. 500.00 stamp duty is required. If GPA is prepared, it can be used anywhere in India against the properties as mentioned in GPA. If you want to send GPA from abroad than, execute GPA before, Vice consul, Consulate General, High Commission of India or Ambessador as the case may be. The said GPA be sent to ur father here in India, than he will submit GPA for adjudication, and as per his stay in state, stamp duty will be paid to the GPA. There is no problem in making GPA if u r comming to India, than you can make it before Notary.

SS (Mgr) 19 October 2010

Thank you. I am still curious about questions 2 and 4. Also, we are informed that if my spouse gives me father a GPA, then it attracts a 1% stamp duty that cannot be offset at the time of sale deed registration. What, then, is the way to minimize the registration charge at the time of registering the GPA in India?

tks