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D. Malhotra (Manager)     01 April 2022

Buying property from nri through spa

Dear Sir/Madam,

I plan to buy a property from an NRI.

He has given the SPA to their relative in India.  This SPA is notarized overseas and is also signed/stamped  by the consulate there.  However according to my knowledge SPA has to be also registered at Sub-Registrar office of the jurisdiction of the named property in SPA.

But the holder of the SPA says that it is not required to get registered at SR office.

Kindly confirm whether my understanding is correct THAT IS 

SPA executed outside INDIA should be registered within 3 months at the SR office in India else it will become null and  void ?

please help.

Thanks and regards



Learning

 2 Replies

Dr J C Vashista (Advocate)     02 April 2022

No, SPA shall not be registered with SR.

But the SPA has to be attested by area SDM

P. Venu (Advocate)     11 April 2022

Yes, the provisions of Registration Act has not provided any such stipulation. Please see Section 32 and 33. Anyhow, you may cross-check the matter with the SRO, local document writers etc,


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