Buying a property through GPA (General Power of Attorney) can be complex and may involve certain risks. Whether it is safe or not depends on several factors. Here are some points to consider:
1. Legal Validity:
- In Some Countries: Properties sold through a GPA may not offer full ownership rights. For instance, in India, the Supreme Court has ruled that property transactions done solely through GPA do not confer ownership. Such transactions may need to be converted into a proper sale deed to be legally recognized.
- Check Local Laws: The legal standing of a GPA transaction varies by jurisdiction. Make sure the transaction complies with local property laws.
2. Verification of GPA:
- Authenticity: Ensure the GPA document is genuine and notarized. It must be executed by the rightful owner of the property.
- Scope: Verify that the GPA authorizes the person to sell the property and that it has not been revoked by the original owner.
3. Clear Title:
- Ownership Verification: Ensure the property has a clear title, free of any encumbrances or disputes. This can often be done through a title search or by consulting a real estate lawyer.
- No Liens: Ensure there are no outstanding loans, mortgages, or liens on the property.
4. Consult a Real Estate Lawyer:
- Legal Advice: Before proceeding with the purchase, it's advisable to consult a real estate lawyer who can verify the documents and ensure that the transaction is legally sound.
- Conversion: In some cases, you may need to convert the GPA into a sale deed for full legal ownership. A lawyer can guide you through this process.
5. Other Considerations:
- Market Value: Ensure the property is being sold at a fair market value. Compare with other properties in the area.
- Due Diligence: Conduct thorough due diligence, including checking the property's history, any ongoing litigation, or potential future disputes.
In summary, while it is possible to buy a property through a GPA, it comes with potential risks and complications. Legal consultation and thorough due diligence are essential to ensure a safe transaction. Getting a Home loan on GPA Property in Gurgaon can also be challenging, however some banks / NBFCs in Gurgaon offer loan on GPA Property.