Wuok Toud 15 June 2023

Gpa registration for property

I am planning to buy a property in banglore which is a independent house with 3 floor and each floor gift deed executed in subregister by the father in name of wife daughter and son. Original sale deed is lost so got certified copy. The daughter is NRI, so she is giving GPA in her brother name and he will take care of registration. So the sale deed will be executed for the entire building by the brother and mother with registered GPA in brother name. My friends told me to ask for NOC from the GPA issuer (NRI) for safer side as she will not be present to execute conveyance deed. Now my doubt is should the NOC be on a stamp paper or can we get the written noc from the lady from Europe and get it notarized in banglore by the brother without the lady physically present.

Also what should be the NOC format

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9 Replies

Dr. J C Vashista (Advocate ) 15 June 2023

Registration of share of NRI lady by her brother on the authority of GPA is valid.

However, GPA has to be attested by concerned Embassy / High Commission / Notary of the country where she is residing but it should not have been attested from local notary.(in India) in the absence of executor / grantor / lady.

Real Soul.... (LEGAL) 15 June 2023

The GPA shaould be attaested by embassy of India and that is only valid, if you Notrize the document in absence of executant that will be in invalid and can be challanged any time

Advocate Bhartesh goyal (advocate) 15 June 2023

Agree with above experts.

Wuok Toud 15 June 2023

The GPA will be registered in the Indian embassy in europe in her presence and will be shared to India by post and then will be registered here in India also but without her.

T. Kalaiselvan, Advocate (Advocate) 15 June 2023

Once the GPA is adjudicated in Bangalore before the concerned registrar, you don't need any further confirmation from the Principal to proceed with the process of execution of registered sale deed.

Wuok Toud 15 June 2023

I enquired in the bbmp office for khata transfer, they told to get a NOC from the NRI who is giving the GPA to her brother. So wanted to know what should be the NOC format for such cases.
Can the Noc be written or should be on stamp paper always?
If she share the Stamp NOC or written from europe then can we get it notarised without her presence in india? Or should it be notarised in europe in indian embassy?

kavksatyanarayana (subregistrar/supdt.(retired)) 15 June 2023

NOC is not necessary. Follow the advice of the above experts.

Dr. J C Vashista (Advocate ) 16 June 2023

The opinion and advise of BBMP office is unwarranted, invlaid and illegal, no NOC is necessary for grantor of attested GPA, i.e., lady in favour of her brother.