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k.n.VIJAYAKUMAR   13 February 2022

Purchase of flat

Sir, i want to purchase a flat whose history is -- A company xyz - has transferred the flat to a lady A. ( Her father is B who was working in a senior position there) in 2008. Now, this lady is in USA - had given a GPA to her mother C notarised by USA attorney & this  GPA is registered also in Bangalore -shivaji nagar. I have to but from C . Is there any problem or any more persons has to sign? B - is the  husbund of C. . In other words B& C are husbunfd& wife. They also have a son - a major.

Pl guide sir.



 5 Replies

Kishor Mehta (CEO)     13 February 2022

Sale of an immovable property is not valid if executed on strength of a GPA. In rare cases it may be permitted if the GPA is adjudicated by the Registrar of the state where the sale is to be executed. However the purchaser of such properties may find it difficult to prove the validity of such purchases in case the sale is challenged.

P. Venu (Advocate)     13 February 2022

To my understanding, in the light of the facts stated, the GPA can execute sale deed as provided under Section 32 and 33 of the Registration Act:

32. Persons to present documents for registration.—Except in the cases mentioned in 1[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or

(b) by the representative or assign of such a person, or

(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned. 

33. Power-of-attorney recognizable for purposes of section 32.—(l) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:—

(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative  of the Central Government: Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:—

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;

(ii) persons who are in jail under civil or criminal process; and

(iii) persons exempt by law from personal appearance in Court.

Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).

(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.

Dr J C Vashista (Advocate)     14 February 2022

I agree with detailed explaination, opinion and advise of Mr. P Venu, it can be registered by an authorised attorney.

k.n.VIJAYAKUMAR   14 February 2022

Sir -s

Thank u very much for the time spared , the valuble councel . 

My worry was , tomorrow , the ladys son , the husbund should pose for a claim ., As this is from mother.


If i want to sell the buyer should not raise this point . 


Thank u sir 


P. Venu (Advocate)     14 February 2022

Anyone can raise any type of disputes or concerns. 

All that is possible is to offer suggestion based on legal elements. 

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