My son and his wife both uk citizen, have decided to file mutually agreed divorce case in uk family court. My son purchased a flat in joint name along with his wife while he was in Bangalore. As per divorce settlement terms, his wife has to transfer her share of ownership in joint property to her husband in lieu of alimony amount that she will receive in divorce. My questions: 1. what is the best course of action available for transfer of ownership by his wife to my son? 2. How to save registration cost and other charges if any, in the above process ? 3. His wife may refuse coming to India for documentation of the above. Can the above process may be completed without her presence in registry or other concerned office? 4. Is it possible that she completes documentation and signing process in Indian embassy in presence of some embassy official in uk? Will the certificate given by embassy acceptable to registry office at Bangalore ? If not, what is other alternative?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) gift deed should be executed by wife in favour of husband during subsistence of marriage
2) stamp duty and registration charges have to be paid
3) wife can execute POA in favour of family member if she is unable to come down to India
4) POA can be attested before Indian embassy or consulate in U.K.
1. This transfer should be effected by means of a relinquishment deed.
2. stamp and Registrar charges are very nominal for relinquishment.
3. Yes. In that case she'll have to transact through a power of attorney holder.
4. Yes, this is possible. She'll have to make a Power Attorney in England, which is to be routed through Indian Consulate in UK to India. There upon it is to be presented the same to the concerned Registrar where the property situated, who will assess the stamp duty and you can pay the same here to put the Special Power of Attorney in operation.
1.The settlement made in UK may not be enforceable in india.hence it is advisable to apply for mutual divorce in india only.
2.Berethe final date of hearing of mutual divorce the registration of gift deed is to be made as after the divorce the wife can not be forced to transfer her share.
3.If she gives POA to her near relative then in her absence transfer of her share is possible.
4.No,it is not possible.Gift deed is to be made in Registration office in india only which can be done by her POA holder.
1. Let your daughter in law execute a Release/Relinquishment Deed of the Flat relinquishing her share of the property in your Son's favour. Or she can execute a Gift Deed for her share in the property in your Son's favour.
2. This transaction is within the family and the Stamp Duty is not exorbitant.
3. By obtaining Power of Attorney from your daughter in law, either the Release Deed or Gift Deed can be registered in the Sub Registrar's Office without your daughter in law's presence.
4. The alternative is to get her POA for her share in the property and based on the POA, either the Release or Gift Deed in favour of your Son can be registered.
1. She can transfer the property by executing a registered settlement or gift deed in his favor.
2. The transfer has to be done by a registered document only hence you cannot avoid paying the stamp duty and the registration charges as applicable.
3. Either she has to be present before the registrar's office or she can authorise her power agent by executing a power of attorney deed to execute the transfer on her behalf.
4. This is not a procedure that can be followed This is unknown to law in India.
This may be a god idea but your imagination cannot become law.
The daughter in law shall execute a relinquishment deed or a gift deed to forego her share.
Stamp duty will be normal and you must consult a local lawyer for the same.
Obtain a POA and then execute a relinquishment deed, the same will have to effected by the SDM of the locality. The same is to be done by effecting the laws as incorporated in the statute, which includes notarization from embassy and authorization by SDM.
Regards
Follow up : 1. Can POA and gift deed or release deed both be made in name of same person ie. in name of her husband? 2.Can the registration of Gift/Release deed be made by POA holder in absence of both donor & donee ? Is the presence of donee mandatory in Sub-registrar office at the time of registration of the deed ? 3. As the wife & husband both live in UK at present, what will be written regarding date and place where gift deed was made - it should be UK or India? If it is written UK, will it be valid in India? 4. Can we give the recent past date when she was in India, in case it is mandatory to give Indian name of plce in gift deed ? 5. What about 2 witnesses? They should be from UK or India in gift deed?
1)POA and gift deed should not be made in favour of same person
2)gift deed should be executed in India
3) POA can execute gift deed on behalf of donor
4) donee should remain present at sub registrar
5) witnesses can be from Uk or India
The same can be done by means of a POA.
Same person can not be the POA holder for both donor and the donnee.
POA shall be a registered POA.
IT should be in India.
It will be good if the witness are from India.
Regards
1. No. Her agent(POA holder) and the beneficiary of the relinquishment/gift, cannot be one and the same person, i.e., her husband.
2. Yes, but then this will require two POA holders, one for the husband and the other for the wife. If the husband and wife are not available, the POA holders will required to be present before the SRO.
3. India, within the jurisdiction of the SRO within whose jurisdiction this property lies.
4. India.
1. POA and Gift deed are two different subjects, and cannot co-exist, thus invalid in law.
2. For execution of registered deed either gift or release, the beneficiary has to be available to accept the same before the concerned registrar's office or at least represented by a POA holder on behalf of the beneficiary/donee.
Though the law do not mandate it.
3. If both are residing in a foreign country, both can appoint POA agent one from each side to execute the task on each other's behalf, the deed need not be drafted in that foreign country however the POA deeds should be executed in that country with attestation by a notary public of that country or by an official of Indian embassy or high commission.
4. Dont do such mistakes which may become a grave mistake and this may have to be rectified with great difficulty at a later stage.
5. You follow the procedures of getting the gift or release deed executed in India through two power of attorney agents one for each i.e., the donor and the donee, the other formalities may be complied as per local laws and will be taken care of by your attorneys.