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I want to buy a property in Bangalore. I am in US. Is there any safe way to do it from US itself? Is it a must to be in Bangalore physically to do the legal and other official works for it? Please suggest.

- by Ramesh, Washington

It is not necessary that you should be present in Bangalore for selection and purchase of a suitable property. Selection and purchase of a suitable property in Bangalore is a time consuming affair. You may, therefore,  execute a power of attorney in the USA itself and get it authenticated by a Notary Public or any court, judge, magistrate, Indian Consul or Vice Consul or representative of the Central Government giving authority to undertake this job on your behalf to any one of your confident person who is capable of executing this job on your behalf. Upon receipt of such a power of attorney in India, necessary stamp duty is to be paid and this document is to be presented with the District Registrar within three months of its  receipt in India.  

On the basis on this power of attorney, your attorney holder can select a suitable property according to your requirement, negotiate the price and entering into agreement to sale and after getting the property documents scrutinized through an experienced advocate to find the clear and marketable title of the property of the vendor can finalise the deal. Since purchase of immovable property which has a clear and  marketable title requires scrutiny of various documents such as title deeds, devolution of property to the vendor, latest  Khata certificate, tax paid receipt, free from court litigations etc., it is suggested that your attorney may utilize the services of an experienced advocate in property matters before he concludes the deal.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am planning to buy a site.  Site owner is in USA. He has given GPA to his relative. I came to know that there are different types of GPAs. If I want to buy that site, how to know what kind of GPA he gave  to his relative. If the person is in USA is it possible to give GPA to the other person?

Q:- Most of the property developers in Bangalore enter into Joint Development Agreement with the land owners who would give General Power of Attorney in favour of the property developer.  Such property developers sell their share of flats based on the General Power of Attorney held by them. Suppose the GPA executor dies how does the property developer gets right to deal with the flats allocated to him after the death of the GPA holder?

Q:- I have purchased a property within the municipal limits of Shimoga.  As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered.  Later on I came to know that the presentation should be either by the executant or claimant or only a duly authorized agent through power of attorney.  I have not given any power of attorney to my friend.  I am told that the registration is invalid.  Please advise me.

Q:- I am planning to buy a site. The owner is in U.S.A. He has given the GPA to his relative. I came to know that different types of GPAs are executed. If I want to buy this site, how do i know as to what kind of GPA he has given to his relative?  If the person is in U.S.A., is it possible to give GPA to the other persons?

Q:- I am planning to buy a site, site owner is in U.S.A., he gave GPA to his relative; I came to know that different types of GPAs are there.  If I want to buy that site, how to know, what kind of GPA he gave it, to his relative.  If the person is in U.S.A., is it possible to give GPA to the other person.