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property registration at home


Hi, 

I am buying a property from an NRI who can't visit to India due to COVID19. She and her husband are giving a special power of attorney to her mother to complete the sale. However, mother is unable to visit SRO office due to old age.  So current seller has arranged for someone from registrar office to come to mother's house to register the SPoA as well as sale deed.  My question is,  is it a completely legal process? And what is the probability of a dispute or fake registration, especially as we are not conducting business at SRO office. 

Thanks in advance

 
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Lawyer

Dear Mr. Mahesh Agarwal,

The vendor has to change her / his attorney who can get the documents qua sale transaction executed and registered on behalf of vendor / principal / granter of attorney.

Is there any dispute involved in your query for consideration and obligation of experts on this platform ?

 
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there is no dispute on the property that I am aware of. I only wanted to check on the process. 

 
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Retired employee.

The process is proper and in certain cases where individual can not visit Registrar after collecting such fees himself visits for getting signatures.   Google for the laid down process or seek such certified copy of laid down process through RTI application.  You can also arrange for recording of A&V, which is not barred.  Contact a local advocate as your stake may be on high side and you require professional guidance of Advocate  in each and every step in these kinds of risky transactions..  The fees may be only nominal when compared with the risk involved in such high investment.

 
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Retired Manager

Please clarify the following:

  1. You have mentioned, "... the current seller has arranged for someone from the registrar office to come to the mother's house to register..."  On one hand, you write that Vendor/s is/are abroad and on the other hand, you refer to Current Seller. Who is this  "Current Seller"?
  2. In the above, it is noted "Someone" from the Registrar Office. Who is that Someone? Does he have a protocol or authority to visit the Vendor's residence to complete the registration process? 
  3. It is noted Special Power of Attorney is given in the name of the Mother. Whether such POA is Registered in the country of origin and payment of stamp duty if any in India on such document executed abroad is paid or any such connected official procedure complied with?
  4. How the Vendors/s abroad are identified and the signatures on the SPOA are in fact by the actual owners of the property.
  5. Since Mother is in India and the Vendors are abroad, who is identifying the SPOA holder 
 
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Thank you sir for reply. On questions

1. I meant current seller's lawyer is arranging the visit

2. Current seller said that it would be someone deputed by registrar

3. Current seller will get it attested in embassy and then it will be executed in india

4.attested by Indian embassy in Australia

5. Not sure about this but if it's registered then ideally it is done after verification only. Probably documents showing mother daughter relation like passport

 

Thanks, 

Mahesh

 

 

 
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Lawyer in Hyderabad.wats app no.9989324294

Several states in India offer online services which you can use to register your property or plot purchase online in India. Watch concern state govt. website where the property exist. 

 
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Advocate

The extant norms provide for registration at home of the vendor. However, you may verify with the authorities concerned whether that process is applicable in the case of PoA as well.

 
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Retired Manager

My reply to queriest Shri Mahesh Agrawal

Read more at https://www.lawyersclubindia.com/forum/details.asp?mod_id=212597

 

Thank you for providing the clarification. I am also happy to see that you are taking proper care to ensure that everything is ship-shape. Please ensure that everything is checked, verified, and found correct. Do not compromise on any verbal assurances.

 
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Dear Mr. Mahesh Agarwal,

It's important to understand the legalities behind NRI property management. This resource NRI Property Management Services has proven to help my colleague. You might want to take a look at the same to solve your queries. Hope it helps!

 
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