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kevin (public)     21 July 2013

Buy a property from gpa holder

I am planning to buy a property in bangalore. The owners are settled in USA. the couple has made the girl's father as a GPA holder of the property. Also, when they bought this property the father has signed on the sale deed and the other documents on their behalf. Is it legal to buy this property? 

We did get a chance to talk over the phone with the couple and they said her father will take care of all the dealings.


 10 Replies

Anish Thakur 7018812737 (advocate)     22 July 2013

yeah ,you can buy that property from the gpa holder father.

HIRAL THAKKAR (ADVOCATE )     22 July 2013

If your transaction is genuine and the poa is registered then in that case you can go ahead with the transaction.

Suneet Gupta (www.vashiadvocates.com)     22 July 2013

Things to keep in mind

  • Power of Attorney in favour of the Father should be registered
  • The POA should clearly mention that the Father has the right to dispose of the property in question
  • The payment for the property should preferably be made in the name of the original owners (i.e. the couple settled in the USA)
  • If payment is made in name of the Father, then the POA should clearly mention that the Father has the right to collect monies on behalf of the original owners
  • Take care of TDS issues (newly introduced in the current Financial Year) when paying for a property
  • The PAN Card should be of the original owners and TDS should be deposited in their name

kevin (public)     23 July 2013

Thank you all for your valuable feedback,  one more question on the same topic.

Is there any dffiernce in Sale deed content since registration will be done by GPA (girl's father)?

Do I need to add any particular points in Sale deed which covers all the points related to GPA and not leave any loop holes since GPA holder (girl's father) is going to execute the sale deed.

Also its a resale property, so can someone share the sale deed draft version on my  email id: kevin_ty_1980@yahoo.in

Suneet Gupta (www.vashiadvocates.com)     23 July 2013

Dear Kevin,

The Sale deed will need two changes. The first part will be written as

'This Deed of sale between

Mr XYZ (your name), hereinafter called the purchaser


Mr ABC and his wife Mrs ABC (sellers name) both represented by Mr PQRS (father's name), their power of attorney holder, hereinafter called the sellers'

The name in signature portion will be written as 

Mr PQRS power of attorney holder for Mr and Mrs ABC.

You can add a clause for personal indemnity from the POA holder but that is not essential, and practically useless. Please ensure that the Power of Attorney is registered with a Sub-registrar, preferably in whose jurisdiction, the property is situated.

kevin (public)     24 July 2013

Thanks a lot Suneet Gupta, it is really useful information.

Recently they have prepared new GPA by executing below steps.

But there is no identify proof of couple (like PAN Card or Passport details) in New GPAs. We were under impression that husband and wife (or Notarize Officer in USA) would add Identity related details such as Photos, Pan Card/Passport detail in new GPAs while notarizing the GPA in USA.

So in such case, how can we make sure that those couple are related to GPA holder. And this new GPA are valid or not in absent of identity proof?

Steps followed to prepare the GPA:

1.    The power of attorney has to be print on white paper separately and signed at the bottom of the each page. And it will be EXECUTANT by couple respectively.
2.    The witness should be from USA and their names and addresses have to be written in the space provided.
3.    The power of attorney has to be attested by a notary public in USA and returne it to GPA holder in Bangalore.
4.    The General Power of attorney to be franked within 3 months from the date of receipt before the District Registrar in Bangalore.

kevin (public)     24 July 2013

Please share your valueable feedback on above post (my question).

Suneet Gupta (www.vashiadvocates.com)     24 July 2013

I cannot offer any firm opinion on a GPA executed out of India. Any GPA for sale or purchase of immovable property needs to be registered, preferably in the same jurisdiction where the property is situated. I am not sure that a notarized GPA is acceptable for sale or purchase of immovable property (whether the notarization is in India or in the USA). The registrar can refuse to register the sale deed without a proper GPA. A copy of the GPA is attached with the sale deed.

In case of a GPA prepared out of India, the GPA is usually signed by the executants in the presence of the local Indian consul/ambassador, who attests the same. Proof of identification including copies of passport/ OCI card are to be attached.  GPAs executed in front of a notary public are usually not valid for immovable property transactions in India.

PAN card copy and PAN number is compulsory for all real estate transactions, and needs to be attached to the sale deed.

HIRAL THAKKAR (ADVOCATE )     24 July 2013

GPA has to be registered one inorder to execute the sale deed.

Yasir   19 August 2015

Dear Sir/Madam ,

I am staying in Middle east , can i purchse property and register on my name ,

Someboday advise me evry registartion formalities regeister on my name only they keep pending my picture and thumb once i rech back to India i will go to registirtaion office with original acknowledgement  then they will take my pictureand thumb and give the original document , its in state of karanataka banglore ,

Please advise me some one is it true ,


Thanks ,


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