G.p.a. by n.r.i.
sridhar pasumarthy
(Querist) 30 October 2011
This query is : Resolved
Respected experts,
x executed a contract of sale to y with respect to an immovable property situated in hyderabad. Later, x shifted to Singapore. Now, x wants to execute a G.P.A. in favour of his wife(in India) enabling her to execute a sale deed in favour of y as x is not in a position to visit India.
My query is "can x execute a G.P.A. from Singapore in favour of his wife in India". If so, what is the procedure?
To my knowledge, the normal procedure is that the persons who live abroad will execute a G.P.A. in favour of person living in India and get it notarised by the Advocate notary and get it attested through Consultate, without coming to India.
But, in view of recent judgement of Apex court, G.P.A. for registering a conveyance of immovable property must be compulsorily registered. So, the above procedure is valid still now, in view of the said judgment.
What is the remedy for x? pls suggest. Its really urgent
ajay sethi
(Expert) 30 October 2011
yes X can execute sepcial power of attorney in favour of his wife for sale of his immoveable property and get it attested before indian consulate .
the recent suprem court judgement does not bar power of attorney being executed in favour of close relatives
Sailesh Kumar Shah
(Expert) 31 October 2011
I would like to add that procedure for Section 18 of the Indian Stamp Act, as applicable in Andhra Pradesh shall be follow, when poa received in INDIA.
prabhakar singh
(Expert) 31 October 2011
X can execute power of attorney empowering his wife to execute the desired sale deed in
India by presenting the same along with his passport before Indian consulate at Singapore preferably with his photograph affixed for its attestation by the said consulate; which when received in India should be presented for registration by his wife before the sub registrar concerned for its registration.
Shonee Kapoor
(Expert) 01 November 2011
Agreed with Ld. Prabhakar Singh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
