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Author Topic: NRI purchasing a property in Bangalore  (Read 852 times)

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Offline venture

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NRI purchasing a property in Bangalore
« on: May 16, 2016, 05:31:28 AM »
Dear Law Experts,
I bought a  property in Bangalore in May 2006 on behalf of an NRI using a General POA which does not allow me to sell the property.  (I dont know if he had to go through any procedures with RBI or any govt office) which was registered in the Registrar’s office with this POA which was neither notarized nor registered with any authority.

The NRI failed to pay the agents / dealers their due commissions which was agreed on his behalf.  I paid it from my pocket. I gave him only the duplicate sales deed and held back with me the original  SALE deed. The NRI wanted to sell the property but realized the duplicate sale deed was lost by him. He asked me for the Original but I refused. Subsequently he issued a notice at a website            as below:

Quote “ GPA Executed by XXXXXXXX  in favour of yyyyyyyy stands terminated with immediate effect 28 Jan 2010 
This is to inform that, the GPA Executed by my client Sri xxxxxxxx  in favour of Sri. yyyyyyyyy stands terminated with immediate effect.

The General Public is called upon not to deal with  yyyyyyy  herein afterwards in respect to “COMPANY NAME”  and property bearing Sy. No. zzzzzzzzzz , Bangalore . Kindly note my client shall not be responsible for any act done by yyyyyyyy  “ Unquote.
The NRI made a police complaint that his original Sale Deed was lost and he was therefore applying for an additional copy with the Registrar’s office. I was not informed about any such notice either by the NRI or his lawyer and I was also not informed about the complaint of lost Original sale deed. The local address for the NRI as mentioned in the Sale Deed was my house address.
My question is : How do I stop the NRI from  selling the property and ask him to pay my losses. Can I  issue a Public Notice asking the public not to buy the property for any valid reason? What could be a Valid Reason?
Thanks in advance for your valuable advice

Offline advjaibansal

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Re: NRI purchasing a property in Bangalore
« Reply #1 on: May 17, 2016, 08:19:40 AM »
Dear Sir,

Technically, practically and legally, you cannot stop that NRI from selling the property. At the time of sale transaction, you should have secured your fee or commission whatever or should not have paid to other people which the NRI was suppose to pay.

Now if there is an agreement about your commission then file a suit for recovery, rather than westing your time in all these details.

NRI is a smart and intelligent guy.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline rajgopal sripathi

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Re: NRI purchasing a property in Bangalore
« Reply #2 on: May 21, 2016, 08:06:01 AM »
You should issue notices to NRI stating that the allegations are false and the original sale deed is with you because the NRI is yet to clear his dues to you.
Alternatively you can also publish a notice in news paper stating that the allegations of the NRI is false and the original papers are lying with you as the NRI had not cleared his dues.
File a suit for recovery of money against NRI.
Rajgopal Sripathi

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