Purchase of property from NRI
Avneet
(Querist) 04 June 2019
This query is : Resolved
Hello. My query is that i have shortlisted one property worth rs 90 lakhs and the property is on the name of 3 real brothers out of which one is in india and the other two are in USA and the brothers who are in USA have given registered GPA to the brother in india in which it is written that brother who is in india can sell this property and the GPA is of the year 2013 but it is not revoked till date. And they are ready to accept the cheques of rs 30 lakhs each also. Now please guide me that is it safe legally to purchase this property from Indian brother(GPA HOLDER).
Vijay Raj Mahajan
(Expert) 04 June 2019
GPA should be checked with regards to it's term of validity, it should not have any period mentioned till which period it will be valid. The Sub-registrar may ask for fresh date GPA from the seller that should be checked out from that office.
Also check if the person who gave GPA is still alive even in the foreign country, that can be very easily done by video conferencing with these two people.
The title of the property should be checked and confirmed from the Registry office as well the Municipality records of the district where the property is situated.
Dr J C Vashista
(Expert) 04 June 2019
1. Get the title of 3 brothers verified to be marketable.
2. GPA should be valid and authenticated by concerned embassy as well as area SDM.
3. Execute agreement to sell and register Sale Deed.
4. Seek professional services of a local prudent lawyer to protect your interest, without relying upon obligation of experts on this platform, since the respondents shall limited information as posted by you.
kavksatyanarayana
(Expert) 04 June 2019
Dear querist, as per your query the GPA was given in the year 2013. A GPA executed out of India, after receipt of the GPA in India, it shall be validated within three (3) months by the District Registrar or RDO/DRO etc under I.S.Act. Hence it is better to get another GPA to be executed by them in USA and shall be notarised before the Embassy or consulate in USA.
