GPA - purchasing property and seller is joint holder GPA - purchasing property and seller is joint holder

2 years ago

I’m purchasing property and seller is joint holder one is Indian resident another one is NRI and NRI has given GPA in 2013 to Indian holder for sale/purchase of property but GPA was executed outside india and notary done in that country only. In India no stamp duty was paid on GPA. Can we pay stamp duty on GPA in 2022 for getting it registered in India

Anik

Responded 2 years ago

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A.Dear Client,

The foreign PoA has to be authenticated as per the state law and then it’s good to go and buy it as usual.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You are going into risk so better get fresh GPA and proceed. First get it notarised in Abroad and thereafter get it registered or notarised in India by paying necessary stamp duty and it must be on Indian Stamp papers.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
A foreign GPA when brought to India has to be registered by paying the applicable stamp duty within 90 days. Since the time limit is over so you are suggested to make another PoA or else visit the sub registrar office to find out the penalty to be paid for the same to be registered.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Foreign POA requires to be authenticated usually as per the specific State Law in India usually within three months so until and unless that POA is scrutinized, it cannot be specified whether any such authentication had been done then or not.
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