Wife can execute specific POA in favour of husband or family member for sake of property
2) it should be attested before Indian consulate
3) if executed in favour of non family member it attracts higher stamp duty
Married NRI couple, wife wants to sell her property in Karnataka, but can't travel to India due to medical reasons. Can wife grant GPA to husband to sell the property (sale proceeds to go to wife's NRO bank account)? In case, Covid restrictions disallow travel for husband too, can the GPA be granted instead to non-blood relative?
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Wife can execute specific POA in favour of husband or family member for sake of property
2) it should be attested before Indian consulate
3) if executed in favour of non family member it attracts higher stamp duty
Dear sir/ma'am,
Please note that a POA is an instrument empowering a specified person to act on behalf of the person executing the transaction. In the past, you could make a POA in favor of any close relative and execute a sale deed. But the legal scenario concerning sale deeds via POA has changed. In Suraj Lamp & Industries Pvt Limited vs the State of Haryana case, the Supreme Court held that property transactions carried out by way of POA do not hold legal validity. Therefore, if you transfer any property be way of POA instead of a registered sale deed, the sale will have no value in the eyes of law. Thank you.
- Yes, she can execute POA/SPA in favor of her husband , if she unable to come to India.
- However , this POA must be notarized as per rule in UK , and further it should be attested from the office of Indian Consulate in UK.
- Further , if husband also unable to come to India , then she should execute POA in favor of any relative .
Yes Wife can grant GPA in the name of her Husband with his CONSENT, only if the TITLE of the Ownership of the Property is in the name of the Wife. Wife also need to provide the adequate reason behind such transfer.
In case Husband is not permitted to travel, then Wife can grant GPA in the name of any other person of her choice with the Consent of that particular person.
That person should not be a Minor or of Unsound Mind or Lunatic but can be of Non-Blood Relation.
GPA need to be attested by 2 WITNESSES.
1. Yes, wife can empower her husband through POA to sell the property.
2. GPA can be given to non-blood relative also, but around 5% of the value of the property has to be paid as Stamp Duty. However it depends on the wordings in the GPA.
In Karnataka, a GPA given in favour of any third party (not blood relation) attracts same stamp duty and registration fee as to in of blood relative.
GPA can be given to any person.
There is nothing to worry. GPA can be granted to anyone. She need not to travel and her GPA holder can transfer the property on her behalf. Good luck. GMGupta Advocate
A NRI cnnot give GPA to another GPA.
A NRI can GPA to a close relative back in India or to a friend/third person too.
The GPA can be given to a non blood relative too.
Looking at the answers, here is one clarification: the property is owned solely by wife, fully registered and clear title, all stamp duty etc was paid when the property was bought (several years ago). The property is NOT on GPA/POA - it is fully registered. NOW the question on POA is being asked for SALE of the property to ANOTHER party (NOT to husband or relative - but some other buyer altogether). I am asking the question about granting POA to authorise a relative JUST TO SELL the property, the proceeds will go to wife's NRO bank account. The buyer will register the property in his name on full agreed sale price, wife will pay the applicable capital gains tax to Indian Govt on the proceeds. Please clarify how does the question of "additional stamp duty" arise.
If POA is executed by wife in favour of relative for sale of property it attracts nominal stamp duty
if however executed in favour of third party it attracts stamp duty as conveyance
The stamp duty applicable to a blood relative to that of the non blood relative for registering the GPA deed is different, hence there would have been a mention about the additional stamp duty.
However there is no requirement to pay additional stamp duty for execution of registered sale deed in favor of the prospective purchaser.
Any immovable property can be sold or purchased by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which is available in all countries giving SPA to any of you relatives/friend to sell the property. Go to Indian consulate/high commissioner and get SPA attested which the consulate official will readily do. SPA requires a specific format. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named.
It is not POA or GPA it is SPA (SPECIAL POWER OF ATTORNEY). It is mechanism for selling property owned by person not residing in India through his/her attorney residing in India. The person giving SPA is called principal and the person authorized to sell is attorney. The principal is title holder and attorney his agent to execute and register sale deed. This is the arrangement
Dear Sir/Maam
You can grant GPA to a third person to sell your property by way of proper registered sale deed. You have to be care full while drafting the GPA and should carefully follow all the requirements of attestation by consulate/ notary and registration of GPA at registrar office in India, etc to avoid any problems later on.
As in your case the property has been brought several year ago. Your tax liability on a property sale will depend on how long you have held it. If you are selling a property that you have owned for more than two years, then you will incur a long term capital gains tax which is taxed at 20%.
Thank you