• Can GPA holder execute a sale deed

Hi, I am interested in buying an apartment in Gurgaon. The owner lives out of India & can not travel to India owing to the pandemic to execute the sale deed. The owner has granted his brother the GPA. Can the GPA execute a sale deed? I will be registering the apartment in my name & paying the required stamp duty etc to the government.
Asked 4 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

It should be specific POA duly attested before Indian consulate 

 

then only brother can execute sale deed 

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

Yes, he can executeon behalf of his brother. But make sure that GPA is authentic and valid.

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

Yes. GPA should contain the purpose of signing sale deed and it should be authenticated by notary or registered first. 

POA holder then can appear before the Registrar and execute the sale deed on behalf of the owner. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes, GPA Holder may execute a sale deed in favor of the buyer. so if all other documents are clear, you may proceed and purchased the property without any hurdle.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Hi, If the owner will execute GPA to his brother. On the basis of the GPA his brother can sold the property to you.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Yes he can execute a sale deed if he has a valid POA

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Hi, yes a GPA holder can execute a sale deed 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Go for a Special Power Attorney solely for the purposes of execution of the sale deed. There are lots of frauds happening on the basis of GPA sales.

Sumit Rana
Advocate, New Delhi
19 Answers

The GPA deed if is executed by a registered document and also clearly authorises the power agent  by its principal to sell the schedule of property as mentioned in the GPA deed, then the power agent can very well proceed with the execution of the registered sale deed in favor of the buyer provided the power agent is producing a life certificate of the principal attached to the general power of attorney deed.

Whatever worth it may be, you better obtain a legal opinion before venturing into the purchase of this property.

 

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Yes that is the only way for you and is legal.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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