Sale of flat by GPA holder Sale of flat by GPA holder

3 months ago

we are interested in buying a land owner share flat. When we were about to give advance for agreement of sale we got to know that land owners(mother and father) had registered a GPA in favour of their son to sell flats as they were going to USA to their daughter. But the reason mentioned in GPA is domestic preoccupation.Also land owners said they wanted to give share in flats to daughter.So is sale through such GPA valid? Another option is that sending agreement of sale documents to USA so that original land owners sign them and send back and registration is done after they reach India. So is such arrangement valid as GPA to son is currently in operation?

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear Sir,
Second option is not correct. Go through registration of sale agreement through GPA Holder if such GPA is registered one.
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Anik

Responded 3 months ago

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A.Dear Client,
It's crucial to approach the purchase of a landowner's share flat with careful consideration of the legal aspects involved. The General Power of Attorney (GPA) granted to their son for selling flats raises questions about the validity of the sale. If the GPA specifies domestic preoccupation as the reason and the intention was to allocate a share to their daughter, it's important to ensure that the transaction aligns with legal requirements.
To safeguard your interests, it's advisable to seek legal counsel to thoroughly review the GPA and assess its validity for selling the flat. The specific wording and conditions in the GPA, along with compliance with local property laws, will play a significant role in determining the legality of the sale.
Alternatively, the option of sending agreement of sale documents to the USA for the original landowners to sign and send back may introduce logistical complexities. It's crucial to verify whether such an arrangement aligns with legal procedures, considering the ongoing GPA in favor of their son. Legal advice can guide you on the best course of action, ensuring that the transaction is conducted in accordance with applicable laws and safeguards your interests as a buyer.
Thankyou
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Abhimanyu Shandilya

Responded 3 months ago

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A.Dear Client
If the owners have given the GPA to the son and it has been mentioned that the son can sell the flats then there appears to be no issue at all and you can go ahead with this transaction. But to be on the safer side it is well advised that you get the GPA and property docs verified by a good lawyer to avoid any kinds of risk that may arise out of this deal.
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