Legal Question in Real Estate Law in India
Dear Sir,
I am planning to Buy a resale property in Bangalore. Its a 5 year old construction. Current owner has purchased this property from owners Mr A & Mrs B (Husband and Wife) . At the time of sale deed owners Mr A & Mrs B were in Dubai. Current owner has provided me GPA issued by Mrs B in favor of her husband Mr A (On stamp paper and notarized) and Mr A has issued GPA in the name of her sister Mrs C duly signed by consulate of India in Dubai.
Problem is GPA is not properly registered & stamped as per the Karnataka Stamp Act, 1957. Also on GPA witnesses signature are not present and is executed on plain paper in Dubai but is signed consulate of india in dubai at that time. I have following queries
1. Is this GPA valid in India for execution of Sale deed at that time
2. If no then is there any solution to get this issue/problem rectified now i.e. any turnaround. The one solution to make Mr A and Mrs B consenting parties in my sale deed with existing vendor but issue is current owners cannot come to india for signing on sale deed. Is there any other solution insight to resolve this
3. Is it right Mrs B issuing GPA to her husband Mr A and in turn he issue GPA to Mrs C i.e. will Mrs C become default GPA holder for both Mr A and Mrs B
4. Pls suggest shall i go ahead with the deal or not
Thanks in advance for all the help
Nitin
1 Answer from Attorneys
I have understood your problem and i feel that i can help you out from this imbroglio. What is the reason of Mr. A and Mrs. B not to come to India ? Please clarify .
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