Is flat sale through GPA valid while owners abroad?
We are interested in buying a flat that is part of a landowner's share. Before paying the advance for the agreement of sale, we found that the landowners (mother and father) registered a GPA (General Power of Attorney) in favor of their son to sell the flats, as they were going to the USA to visit their daughter. However, the reason mentioned in the GPA is "domestic preoccupation." The landowners also said they want to give a share of the flats to their daughter. Is the sale through this GPA valid? Another option is to send the agreement documents to the USA for the landowners to sign and return them, and complete the registration after they return to India. Is this arrangement valid since the GPA to the son is currently active?
The General Power of Attorney (GPA), the best way that you can proceed is to have the landowners sign the sale documents in person while in the USA. This can be done by having the documents notarized there and sending them to India. For safety measures, the landowners should also formally cancel the current GPA. If it is decided to continue with the GPA, ensure that it specifically reserves the power to sell, take written confirmation from the landowners, and do proper due diligence for the same.
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