Dear Sir, I am buying a property where the owner who is indian with british passport holder has changed his name in 2020 in UK with certified deed poll.The property papers have his old name here in HUDA HARYANA. He doesnot have a PAN card,Aadhar card as well. The property is jointly held with his sister who is green card holder in USA. She has PAN card.GPA given by both of them to their father will be the document for processing the property transaction. Shall i buy from them or what can be the problems with the registration in my name.
The property is a plot in gurgaon haryana under HUDA. The current identity document which the seller has is british passport showing his new name.The coowner of property her sister has passport,PAN card. Their father GPA holder has all the documents like PAN,AADHAR,PASSPORT etc.He is in india here. Can we transfer money to him or his children ...the real owners i mean.
Sale deed should mention his current name and in brackets former name
seller can execute that affidavit that both are one and same person have it attested before Indian consulate
specific power of attorney by father should be attested before Indian consulate
You have to deduct TDS at 23 per cent as sellers are residing abroad
you can make payment to father only if GPA authorises father to collect sale proceeds
You can ask them to make POA signed by Indian Consulate or Embassy in UK and USA on the their respective passport and there ID based, along with mentioned old name which is registered on property. The property wants to sell you by the seller and has naming history and no other identity documents except passport and POA register with Consulate.
If the seller's name do not match with his identity proofs, then he cannot be considered to have valid and marketable title to sell the property.
Therefore, the property cannot be purchased with defective title.
You can ask him to apply for change of name by adopting due process of law after which you can buy the property if the title and all other aspects satisfy.
You may obtain a legal opinion before venturing into the purchase of this property.
Until and unless the sellers don't authorize a third party to receive the sale consideration amount, it is not advisable to make the payment of sale consideration amount to a third person other than the seller.
An OCI/PIO/NRI has full right to transfer immovable property (except agricultural) held in India through sale deed registered by him through GPA. No legal problems will be faced by buyer. You can proceed with deal. This is as per master circulars issued by RBI time to time. The last being in 2022.
Dear client I am sorry to hear that but in this case you can approach the register and file an application for the name change
You can seek his affidavit along with paper publication along with indemnity bond
