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Mukunda (DM)     08 September 2013

Buying property from husband (gpa from wife before divorce)

Dear ALL,

I need the help of from the members of lawyersclub india. I have selected a property in Vaishali (Ghaziabad). 

The seller is Husband, he bought the flat in 2007 as Registered Sale Deed in the name of Wife. In 2012, they got divorced and before divorce, the wife issue Registered GPA (Power of Attorney) in favour to Husband and the said flat No. is mentioned in their divorce document that will be given to husband. Husband gave permanent alimony to wife as Cheque, I have cheque copies.

In this case, should I need NOC from wife? They had worst relation as per husband. 

Second Issue, I have heard that GDA is only allowing GPA for Blood Relation but Husband and Wife is not in Blood Relation, so how the GPA is correct?

Shall I go without NOC from wife bcz I have settlement copy of divorce / alimony given to wife?

 

Please suggest, please please.

Thanks a lot in advance.

Regards, Mukund.



Learning

 2 Replies

SAI KIRAN R (ADVOCATE)     08 September 2013

Please check the contents of the GPA. If GPA permits the husband to sell the property and issue receipt for the sale consideration and such GPA is irrevocable then you can safely deal with the property.

Mukunda (DM)     09 September 2013

Dear Sai,

Please go through the witnessth below and suggest:

1. To negotiate in regard to property and to receive consideration money and enter into aggrement for the purpose in my name and on my behalf under his signature.

2. To purchase stamp papers sign in the sale deed as vendee / purchaser appear before the registering authority admit execution to purchase land / building / flat in my name and on my behalf.

3. To execute and sign, in respect of property. Submit the document in concern authorizes sub registrar in my name and my behalf.

4. To sell, mortgage, gift and transfer the aforesaid property to anyone and the receive the consideration amount of earnest money to execute the proper deeds and documents. And present the same under his signature in the office of the sub-registrar and get the same regd and to admit the execution thereof.

5. To apply for sale permision of No Objection Certificate from the concerned authorities.

6. This G.P.A. is revocable.

 

Note: G.P.A. is mentioned as revocable, shall I need NOC? Shall I go without NOC from wife bcz I have settlement copy of divorce / alimony given to wife? Please suggest.

Regards,

Mukund.


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