Dear All,
I intend to purchase a flat in Mumbai which involves a General Power of Attorney.
The seller is living in the US & holds an American Passport. He files his tax returns in India & i am privy to his recent tax return statement.
He has issued a General Power of Attorney to his family friend in Mumbai. The Power of Attorney meets all the requirements. However the Power of Attorney empowers the holder to only execute a sale agreement on behalf of the seller i.e. The sale agreement will be stamped after payment of requisite stamp duty, sent to the US where the seller will sign the same & send it back to Mumbai where the said sale agreement will be registered in the presence of the POA holder.
I seek advice on the following queries;
1. As per Law can a sale agreement be stamped on a said date & be registered later.
2. How can i be sure that the agreement has indeed been signed by the rightful owner??
3. What are my rights & how can i safeguard my interest with regards to query no. 2?
Thanking all of you in anticipation.
-Pranav Dhingra.