Kumar (MANAGER) 04 October 2010
Can we purchase a property from a person who has been provided with POA (i.e GPA) from the property owner residing out of the country ? GPA holder is not a blood relative.
If so, whether the GPA registration fees will be deducted from the final stamp duty charges for sale of the property (i.e Sale deed)
Thanks in advance
R.Ramachandran (Advocate) 04 October 2010
How do you know that the GPA was given / signed by the original owner of the property?
Kumar (MANAGER) 04 October 2010
The signature can be matched and the person as provided company's mail id of the owner, I have verified that he is with that organisation and have spoken to him, also the GPA will be registered in sub register office.
R.Ramachandran (Advocate) 05 October 2010
If you are so sure about these things, then what is the doubt?
AVR Rao (Retired) 05 October 2010
Perhaps, some of these doubts need to be cleared.
1. Emails and phone conversations can be weak in evidence; difficult to base an argument on these if the owner denies execution of the GPA?
2. Whether the GPA was executed as per the legal procedures in the country of execution?
3. Are the contents not manipulated and they are unconditional/adequate to execute the sale deed?
4. Is it clear that the sale value can be given to the GPA holder? Why not give it to the credit of the original owner?
5. Are other legal requirements for passing the title satisfied?
suresh (Advocate) 05 October 2010
Dear Mr.Kumar
First he has to comply the procedural aspect of the GPA, which is executed by a person who is residing out of the country.
on compliance of the same you can purchase the property.
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