Hi All,

I got one resale offer of 2BHK (35 lac all inclusive) in orris carnation gurgaon sector-85. The actual owner of flat is in USA but he has given the GPA to his relative in india and his relative is selling that unit to me. Now i am not sure that will i get the flat transfered to my name or i will got only the GPA. As per the relative of actual owner he has confirmed it from orris group that the flat will be transferd to new owner even if it has GPA.
I am going to invest all money of my life for this home which i need for my own living so Is it fine to go with this deal (as its only thing that is in my budget) or i should look for some other option. My only fear is that it should not lead me to legal issue and issue during registry of flat.

My request to everybosy please advice on this.
Read more
Reply
10 Replies
Sort by :Filter by :
  • Nothing to worry about it..My father recently did the transaction on my behalf.. Just make sure that documents are right and on the name of the owner and try to have a word with owner.. Also confirm with the builder regarding ownership ... Builder may ask from the owner for authorization letter for his relative so that his relative can do the formality to transfer it on your name...

    Property will be transfered on your name...


    Originally Posted by virkranjit
    Hi All,

    I got one resale offer of 2BHK (35 lac all inclusive) in orris carnation gurgaon sector-85. The actual owner of flat is in USA but he has given the GPA to his relative in india and his relative is selling that unit to me. Now i am not sure that will i get the flat transfered to my name or i will got only the GPA. As per the relative of actual owner he has confirmed it from orris group that the flat will be transferd to new owner even if it has GPA.
    I am going to invest all money of my life for this home which i need for my own living so Is it fine to go with this deal (as its only thing that is in my budget) or i should look for some other option. My only fear is that it should not lead me to legal issue and issue during registry of flat.

    My request to everybosy please advice on this.
    CommentQuote
  • Thanks a lot manu.
    I have few more question here, were you not there at the time your father sold your flat, had you given GPA to your father for selling?
    and one more thing, if the relative has only the GPA but no authorization letter then in this case will it be a problem?
    CommentQuote
  • one more thing, do we need the signature of actual owner for shifting of ownership to new buyer? as in my case this would be a problem as owner is in USA.
    CommentQuote
  • 1.) Yes I am in US so was not present there.
    2.) Yes given GPA to my father
    3.) GPA is good enough but generally builders ask for authorization from owner to avoid any kind of fraud, it may differ from builder to builder. In my case they did...In case builder ask about it then owner has to send the scanned copy of the same..


    So you should check all the original receipts for the earlier payments made by owner to builder and check agreement original copy and goto builder office to confirm on the booking by the owner..


    Originally Posted by virkranjit
    Thanks a lot manu.
    I have few more question here, were you not there at the time your father sold your flat, had you given GPA to your father for selling?
    and one more thing, if the relative has only the GPA but no authorization letter then in this case will it be a problem?
    CommentQuote
  • Vikranjit,

    Here is what you should do -

    1. First of all check if the GPA is properly registered and on the format provided by the builder. Format is usually not a big deal, but atleast check with builder that he is okay with that. If GPA is registered in a court/tehsildar then GPA is valid anywhere in India for the language written in it.

    2. Second, start the legal transfer papers from the first owner on your name and ask the builder what else he needs in this case. If possible, register this document again in the court/tehsildar if you can by bringing one of the authorized guy from builder's office. They would not be very willing to do that, so tell them that you would pay little administrative charges for this expense. This is important because in this way builder agreed that all the transfer has taken place and you have completed all the formalities and he can't trouble you about any trivial thing in the future.

    3. Also, if the seller is good which they usually are then stay in touch with him and ask him to forward all the important documents of this flat to you in the future.

    4. Without saying, receive a no dues certificate or letter from the builder so that there is no dues(do not forget sales tax or any late payment interest the previous buyer could have) left on this apartment. Also make sure that builder is keeping records about the transfer on the older rate of the previous seller and not current rate. This part is usually clean, but I have seen couple of cases of small builders cheating customers on this.

    Just be cautious in what you are doing and you will be fine.
    Do not hesitate to take help of this forum or PM me in case you need additional information.


    Good Luck!
    CommentQuote
  • Thanks

    Thank you all for giving such a nice informtion ..
    CommentQuote
  • Really good summing up of the process. I think, u have covered all ( cannot recall, anything more to add, if i am able to recall anything here, would add ) . People many times ignore forget, point No. 4, but it is something real important .

    Originally Posted by djvjain
    Vikranjit,

    Here is what you should do -

    1. First of all check if the GPA is properly registered and on the format provided by the builder. Format is usually not a big deal, but atleast check with builder that he is okay with that. If GPA is registered in a court/tehsildar then GPA is valid anywhere in India for the language written in it.

    2. Second, start the legal transfer papers from the first owner on your name and ask the builder what else he needs in this case. If possible, register this document again in the court/tehsildar if you can by bringing one of the authorized guy from builder's office. They would not be very willing to do that, so tell them that you would pay little administrative charges for this expense. This is important because in this way builder agreed that all the transfer has taken place and you have completed all the formalities and he can't trouble you about any trivial thing in the future.

    3. Also, if the seller is good which they usually are then stay in touch with him and ask him to forward all the important documents of this flat to you in the future.

    4. Without saying, receive a no dues certificate or letter from the builder so that there is no dues(do not forget sales tax or any late payment interest the previous buyer could have) left on this apartment. Also make sure that builder is keeping records about the transfer on the older rate of the previous seller and not current rate. This part is usually clean, but I have seen couple of cases of small builders cheating customers on this.

    Just be cautious in what you are doing and you will be fine.
    Do not hesitate to take help of this forum or PM me in case you need additional information.


    Good Luck!
    CommentQuote
  • Importantly, since the seller resides abroad, make sure the GPA is attested by the Indian Embassy/Consulate there. Thereafter, such an attested GPA has to be further attested by the concerned Dy. Commissioner/Sub-Registrar in India.
    CommentQuote
  • Yes, it could be regsitered from Indian consulate or also registered in the local tehsil/court when seller was in India. Both are valid and works equally good.
    CommentQuote
  • True............
    Originally Posted by djvjain
    Yes, it could be regsitered from Indian consulate or also registered in the local tehsil/court when seller was in India. Both are valid and works equally good.
    CommentQuote