Along with two other friends I booked a flat in Noida. Now all three of us have decided that I should pay their part and I can take possession and can register that property under my name. I contacted the builder he suggested that if I can get general power of attorney or No Objection Certificate from the other two co-owners then can hand over the keys. Just wanted to know the process of getting a GPA or NOC under my name from my friends.
1) you will need to register general POA in concerned sub-registrar office. But in this circumstances NOC will be better.
2) NOC do not need registration. Your friends needs to mention in NOC that they have received their share of amount from you and have no objection in flat getting duly registered on your sole and whole name. They relinquish all their rights in the property with the NOC. and then the signature of you all along with witness must be there.
You have to make a PoA/GPA in your name in the country where you are and then register it through the indian consulate. Then take it back to India and then on the basis of that PoA you may do any act on behalf of the 2 other friends.
I have made a few GPA s for people residing in USA who wanted to make a GPA for a person in India.
Your friends can execute affidavit on Rs 100 stamp paper that they have no objections if sale deed is executed in your name as full consideration for flat is being paid by you
affidavit should be duly notarised
Hi
1) In your case, please get a No objection cum relinquishment certificate from your friends.
a) In case you have not entered in to any registered agreement to sell with the builder, then the no objection cum relinquishment certificate can be on a Rs100-/- stamp paper (duly notarised).
b) In case , you have entered in to an registered agreement to sell with the builder, then all three of you should execute a registered reliquinshment deed.
GPA will not serve any purpose as your friends at a later date can always cancel the GPA and claim ownership.
Hope this information is useful.
- As per law, without Registration a buyer has no legal right over the property even he has cleared all the dues with the builder, and further cannot sell it to anyone under the Transfer of Property Rights Act.
- Since, you want to purchase the said property which your friends have booked with the builder , then you should approach her builder and request him to make changes in the Builder-Buyer Agreement and transfer the ownership rights in your name.
- As per rule the builder after collecting processing charges , can register the property in your name. This processing fee is charged to change the Builder-Buyer Agreement.
- However, if your said friends not enter into any agreement with the builder at the time of booking the said flats , then a simple NOC or POA is enough from them.
The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which is available in all countries or even on white paper giving SPA to any of your relatives/friend to sell the property. Go to Indian consulate/high commissioner and get SPA attested which the consulate official will readily do. 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 person named in it can sign on your behalf on document before Sub-Registrar. You friends attest the document as witnesses and give declaratory affidavit relinquishing there claim on property.
Thanks for all of your suggestions. Having the following question On NOC: 1. What are the steps need to follow to get NOC from my friends one is in Bangalore and another one is Out of India? 2. Who can prepare NOC and does it needs to get authorized by the registrar or just getting notarized is sufficient?
1. They can execute an NOC from their respective place of residence in the presence of two witnesses. However the person who is living abroad , he should attested the said NOC from consulate of India after notarized.
2. Registration is not mandatory for both of them.
Noc is not required. A PoA is required. Make a PoA/GPA and then complete the formalities.
The GPA is not an advisable.
It would be better that they relinquish their rights by executing a no objection certificate in a 100 Rs. non judicial stamp paper , get it notarised with witnesses, and get the property registered to your name instead of going a round about route.
affidavit executed aboard can be attested before Indian consulate
your friend in Bangalore can execute affidavit giving NOC and it can be notarised
1. The people courtier the town whether in India itself outside the country have to execute the NOC in a prescribed format or can create a NOC as per the needs/circumstance, get it witnessed and notarised from a notary of their locality and send it to you so that you can submit it to the builder for further action in this regard.
2. As the property has not been registered on your name yet, this NOC can be executed by a notarized document itself.
This would enable the builder to execute the registered sale deed in your favor.
1) You can draft it yourself or through advocate if you want it to be more precise and proffessionally drafted.
2) Notarized NOC drafted on Stamp paper is the best option.
3) You indian friend can send it by signing to you through post or courier. But your Foreign friend needs to complete the formalities through embassy.
Dear Client,
For obtaining the no-objection certificate from an authority, organization, or institution, you need to write a letter, mentioning your (applicant’s) details and explaining the purpose for which the NOC is required. It is also important to provide all the supporting documents and NOC needs to get authorized by the registrar or respective authority.
Thank You
Noc is prepared in a draft by lawyer and same can be notorised
