logo logo

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.

image

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

QUESTIONS

Q:-
My brother had purchased a site from his friend. The site was allotted by BDA and the allottee had lease cum sale. The seller, has received the full consideration and has executed a registered general power of attorney in my favour. He has acknowledged the  receipt of full consideration by way of an affidavit which is notarised. Also When my brother pur- chased the site, it was still in lease period, and BDA has not executed the absolute sale deed.
But, my friend has received a legal notice from the allottee stating that power of attorney is cancelled and he intends to sell the site to others. What is the remedy?


Q:- Whether the General Power of Attorney requires franking or registration?  Can the GPA holder attend the Sub-Registrar’s office for registration of GPA on behalf of the executant of GPA? What charges are payable for registration of GPA?

Q:- How do I make Power of Attorney?

Q:- My father is a General Power of Attorney holder in respect of property at Kengeri.  The khatha stands in the name of my father as holder. He is paying the taxes regularly and receipts are issued in his name. But many people say that he is not the owner of the property but he may sell it to any other person and get it registered in purchaser’s name. As we want to retain the property, can my father sell and register the property to me. Please advice?

Q:- My uncle has given Power of Attorney to his friend to develop certain properties, negotiate and sell them. He has also received the consideration.  The stamp duty paid on Power of Attorney is Rupees One Thousand only and the Power of Attorney is not registered. The Attorney holder has developed the property and has sold to various purchasers. But, now my uncle wants to gift some portion of the said property to his sister. Since the stamp duty paid on Power of Attorney is only Rupees One Thousand and not as per sale deed and is not registered, can my uncle claim the sale deeds executed by his friend, Power of Attorney holder, as irregular and not enforceable and gift the property to his sister.