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Suresh (Consultant)     17 April 2014

Purchase property using gpa where owner is abroad

Hi,

I resides in Hyderabad and wanted to buy a property (Residential Plot) from Hyderabad who’s owner resides in Australia. The Owner father’s friend (named XXXXXXX) is in Hyderabad talking care of the property and now he is involved in selling this property. The way he wants to sell the detailed below

  • XXXXXXX is creating a GPA and sending the GPA documents to Australian embassy
  • Plot owner going to sign the GPA in front of the authorized person from Australian embassy and share the signed GPA to XXXXXXX
  • Upon receiving GPA to XXXXXXX, he is talking the GPA to District register (at Moosapet) for validation
  • On successful validation and before GPA expire date, XXXXXXX said he will execute a Sale deed on SRO with me

Below are my queries on the above scenario

  • Do you see any risk in this kind of sale deed execution
  • Do I get the clear title when executed sale deed with GPA
  • Do you see any future issues (like owners may come back to India and sell the same plot to some other)
  • In case if you see above transaction is valid, whom should I pay the money for the plot (XXXXXXX or actual plot owner who is staying at Australia)

Waiting for your responses.



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     18 April 2014

If you dealing with a person who holds REGISTERED POA OR GPA, then you do not have to worry, if it is unregistered ,then u have to think twice.  sale deed done based on registered GPA, u will have a valid title. If GPA is specific about mode and method of payment, u can follow that, if it is silent, you can go by registered GPA holder advice.

BVVSN MURTHY PATNAIK (Sr.Executive)     22 April 2014

Before accepting the GPA, you are also advised to see the compliance of Section 18 of Indian Stamp Act, 1899. Section 18 deals with the Instrument other then bills and notes executed out of India.The instrument is to be stamped with in three months after it has bee first received in India.

Murthy Patnaik

AGM-L, HUDCO,Raipur 

BVVSN MURTHY PATNAIK (Sr.Executive)     22 April 2014

Before accepting the GPA, you are also advised to see the compliance of Section 18 of Indian Stamp Act, 1899. Section 18 deals with the Instrument other then bills and notes executed out of India.The instrument is to be stamped with in three months after it has bee first received in India.

Murthy Patnaik

AGM-L, HUDCO,Raipur 


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