Advocate Pragathi Mandapalle

Questions Answered by Advocate Pragathi Mandapalle (25+ answers)

Q: GPA of NRI Property for Sale in India

My business partner and a longtime friend, who is an NRI, living in the US has passed away last month. He owed me money and his wife said she can't give money but to sell his property in Hyderabad, India and recover and send the rest to her. She is a Mexican and can't travel to India. They have two minor girls, one is a Mexican citizen and other is a US Citizen and they have no plans to travel to India as they have no family here. How can I get a GPA and sell the property in India?

Advocate Pragathi Mandapalle answered
You can get the GPA signed by your late friend's wife and notarized in Mexican. The GPA must contain certain specific clauses which will serve the purpose. However, you must check the mandate i.e requirement of obtaining a legal heir certificate from a competent court of law.

Q: Gated Community : HMDA Approved plan

I have bought an Apartment in a Gate Community last year. I recently went through the HMDA Approved plan and realized there are some things not aligned with HMDA approval and Environmental Clearance.What Can I do now, to correct these, or to get a compensation?

Advocate Pragathi Mandapalle answered
need to understand what are the things that are not aligned before giving appropriate advice. Must analyse the impact of such non-alignment on the flat purchaser in future and if it's a common issue then all the flat owners must come together in the claim.

Q: Purchasing of deceased NRI property, what documents required

An NRI holding a propery in Hyderabad died in USA, his family members wife, sons and daughters all also reside in USA. They want to sell the property. They dont have any will, property is in the name of deceased person. They are getting a family member certificate from Tahsildar office and provided a GPA signed by Public Notary in USA to their relateve are these documents enough to proceed to purchase this property. Please suggest

Advocate Pragathi Mandapalle answered
Family member certificate from Tahsildar is not a valid document to establish legal status of family members. Family member certificate will only be issued to deceased government employees and not to any individual. even otherwise that certificate doesn't confer any legal status of the family members with the deceased. They must procure a legal heir certificate from the competent Court having jurisdiction.