Power of attorney for property buying
Hello there,
We (husband and wife) buying apartment in bangalore and are overseas.
1. While in bangalore, we gave spa to my brother on stamp of Rs100.
During registration, the SRO apparently said with SPA, my brother can't sign on sale deed (will not be valid) although he can do signature in register on our behalf with spa. And there could be problems with SPA in future thus advised us to go for GPA.
Question - is SRO giving us incorrect advise? is spa on stamp of 100 incorrect for buying property?
2. I got GPA done then from an overseas notary and sent it to India with my friend and I asked my brother to get it adjudicated in bangalore. Now one of his acquaintance lawyer is telling him it is not necessary to adjudicate (register?) the GPA as it is already notarized overseas and it is sufficient for my brother to sign in front of him for evidencing.
Question - is the info given by acquaintance lawyer correct? i.e. Shouldn't the overseas notarised GPA needs to be adjudicated in India? Does adjudicated means it has to be compulsorily registered in registrar's office or is it enough if it is notarised again in India or is it enough is sub registrar evidence it?
Question - If the GPA does needs to be registered in Registrar office, can it be anywhere in bangalore (given anywhere registration) or does it has to be in registrar office under which jurisdiction the property is present.
Question - the SRO office says, GPA cannot be adjudicated at that SRO, it needs to be done at DR office or some other SRO which has that facility. Is it again incorrect advise?
Question
1. If POA is notarised overseas and is apostilled, does it needs further signature from Indian embassy. Further does it needs to be adjudicated in India? Some forums says if GPA is notarised and apostilled then it is a legal document which is accepted in all countries agreed under Hague convention.
2. how important is sending it to India by post and not delivered by in hand? i read somewhere that registrar need to see the envelope in which POA is sent from overseas.
Asked 10 years ago in Property Law
1. SPA provided had power to present in front of subregistrar and do all it takes to register property on our name. No idea why SRO is stating it cannot be used to do signature on sale deed.
1b. What should be stamp paper amount for SPA? I am hearing it needs to be 200 but my brother got it done for 100. Can that be changed? or does it need complete new SPA?
2. If the overseas POA is already notarised by overseas notary, why does it needs to be stamped in registrar's office? Isn't that section 85 of India evidence act? (as mentioned by you in point 5)
3. If POA is notarised overseas, apostilled and further evidenced by Indian consulate. Does it still needs stamping in india.
4. What does POA adjudication mean of the following?
a. stamping in front of registrar's office
b. evidencing in front of indian notary
c. or just evidencing in front of registrar's office.
Asked 10 years ago