buying a property from NRI owner but registered with builder

Question

buying a property from NRI owner but registered with builder

28-Dec-2023 (In NRI Law)

Hi I am going to buy a flat in resale from an NRI owner , this owner hasn't done registration yet, hence flat is still registered in name of builder , however owner has a sale and construction agreement with the builder. Now builder is asking owner and me to sign on assignment agreement which will transfer the ownership of this flat to me in builders records and then builder will help me with registration after that. Now since owner is NRI he can't visit india to sign so we have two options He signs via power of attorney to his friend or builder couriers him the document abroad he signs and then returns it back , which one of this is preferable or more legal ? asking since I have heard that supreme count in 2011 banned power of attorney use in case of immovable property Thanks for your help

Answers (2)

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Advocate Rajesh K.S LawRato · Accepted Answer · 2020-12-29T12:24:03+05:30

Answer #1

as property is not registered in his name he can't claim as a owner , but it can done through assignment agreement with the builder and that NRI and you. POA can be send from here to NRI place and the same he can sign and send directly to the subregistrar through registered post or sealed cover. As NRI is not a registered property owner Property deal can be done through POA with the interference of builder and sale deed should contain builder signature with POA holder signature

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Advocate Aparna Kanampalli LawRato · Accepted Answer · 2021-01-07T02:42:34+05:30

Answer #2

it's always better get a GPA signed And attested by The Ambassador Indian Embassy and the same GPA to be couriered to you back which can be registered with sub registrar . The friend of the NRI Seller can visit the builder along with the GPA and can sign the document of assignment on behalf of the seller to you so that the records with builder can be changed and the Builder can get the registration executed in your name and we also help you in the process of drafting GPA it is always best idea to have a person here document registered on your name actually Supreme Court han Sar old bar GPA is not valid GPS is always valid and the registration by NRI has to be done by the embassy and the same document to be couriered back to India in India the jurisdictional district Registrar will get the document register then you can ask builder to register and get your work done

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