REGISTRATION OF PLOT THROUGH GPA

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This discussion clarifies the process of registering a property in India using a General Power of Attorney (GPA) when the owner resides abroad. It confirms that GPA registration is legally valid. A key point highlighted is that if the seller is an NRI, a 20% TDS (Tax Deducted at Source) plus surcharge must be deducted on the sale value and deposited with the government. This rule applies even if the NRI holds an Indian passport but works overseas, and a GPA is being executed in favour of a relative in India.

MAHESHA R

MAHESHA R (Querist)

30 May 2020 Dear Expert

Kindly advise I am planning to buy a Plot in Bangalore but the owner of Plot is residing USA and he is not able to come to India hence, I am planning to register the plot through GPA.

Kindly advise in this regard

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

30 May 2020 It's legally valid in registration through GPA.
In case the seller is NRI TDS @20% plus sc has to be deducted on sale value and deposited to government account.

MAHESHA R

MAHESHA R (Querist)

30 May 2020 Dear Sir

Thank You and the seller is having Indian National Holder passport but working in USA.

He is giving GPA to his brother for registration.

Kindly advise sir in this case also tds is required to deduct @ 20% and if you have any format GPA kindly share sir

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

30 May 2020 As he is working in USA he should be NRI so 20% TDS applicable.
See the link for GPA format.
https://www.legalhelplineindia.com/legal/general-power-of-attorney-for-a-property/

MAHESHA R

MAHESHA R (Querist)

30 May 2020 Thank very much for your information sir

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

30 May 2020 Welcome...................

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