• Power of Attorney from USA on a gift deed for a house in kolkata

My parents have a house in Kolkata. After my father died, the house was split 50:50 between me and my mother. So the current share is:- mother 75% and myself 25%. 
I want to know if I can gift my 25% share to my mother so that she can give power of attorney to a promoter who would convert the house/land to a flat. 

I'm currently residing in USA and want to avoid travelling to kolkata for this.
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

10 Answers

1. You are free to execute a gift deed in her favour which will require mandatory registration. If you are unable to go to India for registration of the gift deed then you may execute a GPA in favour of your mother to register the gift deed for and on your behalf.

2. If the intention is to only authorize the promoter to convert the property to a flat then instead of a gift deed you may execute a GPA in favour of the promoter. The GPA can be attested at the Indian Consulate and then registered in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you can execute gift deed in favour of your mother foir your 25 per cent in house

2) gift deed should be duly stamped and regsitered

3) if you are unable to travel to india execute POA in favour of relative for execution of gift deed

4) POA should be attested before indian consulate

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Registration of power of attorney is optional In India before 2009.But after the Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another. The nature, scope and execution are redefined. Compulsory registration is effected from December 2012 on wards.

If a 'Power of Attorney' given to an Indian resident by a NRI from outside India is valid and acceptable by Indian.

STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well.Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India. and adjudicate the same before collector or district registrar.

(Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months)

Another step :

The POA executed in a foreign country and duly attested by Indian consulate of that country, sent by a sealed cover to the concerned registrar directly to be opened by him in front of the POA agent will be the correct procedure to be followed. The principle need not come to registrar's office physically for registering the same. If the registrar is not following the rules, the matter may be take up with the Dy.director, Registration for solution.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. If you jointly own the house with your mother then mere POA by your mother is not enough.

2. So either you will have to give additional POA to the developer from USA or gift you half share in the proeprty to your mother to make her sole owner of the house.

3. Since you stay abroad you will have notarise and attest the POA from USA and send it across.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since the promoter is interested in purchase of house request him to do the required documentation for said purpose

2) you can execute gift deed for your share in land in favour of mother

3) since you are in USA execute POA in favour of relative havecit attested before Indian consulate

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Yes, you can execute and register a Gift Deed conveying your share of the inherited property to your mother.

2. Thereafter she can execute and register a POA in favour of the promoter for constructing multistoried building consisting of flats therein.

3. You can execute and register your gift deed before the appropriate officer of your local Indian Consulate which will be treated as valid in India since Indian Consulate is considered as overseas authority of Indian Government.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Ordinarily share oh house with its proportionate share of the land upon which it has been constructed is included while conveying its title.

2. So, ordinarily, your gift deed already registered might have included the proportionate share of the land on which the house was constructed which is mentioned in the schedule of the mother deed of the house. You are required to counter check the same before taking any further action in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You give power of attorney to your mother of "all the rights and liabilities you hold in the Schedule Property".

Execute the same before Indian High Commissioner there.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

You can very well gift your share of your property to your mother's name by executing registered gift settlement deed in her favor.

After she acquiring the marketable title to the entire property, she can enter into the proposed agreement with the builder to develop the property as per your desire.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

This time, I would need to file an amendment that would include the land in the gift deed to my mother.

You can execute a registered rectification deed rectifying the schedule f property by including the proposed land also in the schedule of property in the gift settlement deed.

The promoter also mentions that there cannot be 2 power of attorneys for the same thing.

So please suggest the best possible thing that I can pursue from USA.

The builder is right that there cannot be two power agents for the same property hence you better execute a registered rectification deed to your mother's name and proceed as per the provisions of law in this regard.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer