1. Anyone from the side of the buyer can make the payment if the builder does not oppose.So if the builder is so willing your wife or you can remain jointly purchaser while payment is made by your FIL.

Law Does Not prohibit this.

2. If she gives a registered POA in favour of her father or anyone else than he can represent his daughter in her absence for all the paper works.

3.Presently no property tax is to be paid.Once mutation is done then the owners will have to pay revenue to local authority.

Hi,

1.(a) & (b)She can take money from her father to purchase the flat and declare the source of fund as loan from father. No need to include father's name.

2).For necessary documentation you may make a Power of Attorney get it certified by Indian Consulate/ Embassy by visiting in person in favour of any person.

3.)The registration of the pro may be completed by the POA and in Noida one time lease payment is required as property payment and that needs no authorisation. Any one may pay by bank challenge.

Apartment should be bought in joint names of father in law and wife

2) later father in law can execute gift deed in favour of his daughter

3) your wife can execute POA in favour of family member for purchase of flat in her name

4) POA should be attested before Indian consulate

5) your wife has to pay property tax if flat is in her name

1 b option will be a better option to take.

Yes she can give a POA to someone and the POA holder can act on her behalf to do the paper work.

Property will be paid jointly when in the name of two people and then your wife will have to pay the same solely.

Regards

1. If you want your father-in-law to partly pay the sale consideration then the property should be purchased in his and your wife's favour. Subsequently the father-in-law may gift his share to his daughter.

2. Your wife is free to execute a GPA in favour of any blood relative to authorize him to buy the property for and on her behalf.

3. The GPA has to be attested at Indian Consulate.

4. The property tax has to be paid by the owner.

1- I see two option. Please suggest if any other be better than one of other -

(a) Father in law give DD/cheque in favor of builder and apartment will be on my wife's name. Is it possible ? I read at few places that amount should come from only (would be) flat owner, so my father in law can not give amount for apartment, which is going to be in name of my wife.

Ans: To avoid future complications your above idea holds good and amount can be paid from the account of your wife.

(b) Apartment will be on join name of father in law and wife. Later he can gift his share to her and then apartment will be on name of my wife solely. Will it attract any tax later, while gifting his share or complication ?

Ans: Yes, the apartments may be registered in the joint names of both your wife and your father in law and later he may gift such property (his share) in favour of your wife. There would be no complications.

2- Me or my wife do not want to come to India for this process. If flat is going to be on her name, is it possible to complete process without she visits India ?

Ans: The purchaser may purchase any property in India through his/her Power of Attorney. Get Power of Attorney and send it to India.

3- As of now, there is no other property on my wife's name. Who is going to pay property-tax during (a) when apartment is in joint name of both and (b) when apartment is in name of wife (post gift-transfer) ?

Ans: The question of property tax arise only when she becomes absolute owner of the property.

The following information is relevant and may kindly be read:

Can an NRI purchase or own a property in India?

Under the RBI’s guidelines, a non-resident Indian (NRI) is allowed to purchase certain types of properties, while other forms of realty may require special permissions

Any non-resident Indian (NRI), who is interested in buying a property in India, should be aware of certain legal provisions pertaining to the purchase or owning of an immovable property in India under the Foreign Exchange Management Act (FEMA). NRIs and persons of Indian origin (PIOs) are treated at par, for the purpose of investment in real estate.

Types of properties, where NRIs or PIOs can invest

The Reserve Bank of India, through a circular, has given general permission to NRIs, to purchase any residential or commercial property in India. The investor need not seek any specific permission from the RBI, nor is he required to send any communication or intimation in this regard to the RBI. Under the existing general permissions, an NRI can purchase any number of residential or commercial properties. The income tax laws also allow an NRI to own as many residential or commercial property as s/he pleases.

In case the NRI is unable to come to India, the documents pertaining to the purchase can be executed by any person, who is given a valid power of attorney. Under the RBI’s general permission, an NRI cannot purchase any agricultural land or plantation property in India. Consequently, under the existing regulations, NRIs cannot purchase farmhouses in India. So, if an NRI wants to purchase a farmhouse or plantation, s/he will have to approach the RBI for a specific permission and the RBI will consider this on a case-to-case basis.

Joint ownership

An NRI can purchase the property, either as a single owner, or jointly, with any other NRI. However, a resident Indian or a person, who is otherwise not allowed to invest in a property in India, cannot become a joint holder in such property, irrespective of the second holder’s contribution towards the purchase.

1. For any contract, the flow of consideration should be from either side as per law. In this case the builder is passing on the title of the property to your wife but the consideration is flown from her father.So, her father or any of his legal heirs can claim share of the flat since the payment has been partly made by her father. Your father in law can transfer the said amount to your wife's account as gift and she can then pay the said amount from her account to the builder. However, your father in law can pay the said amount through DD or cheque to the builder towards part of the consideration to be paid by your wife for which the said sale of flat to your wife by the builder will not be void and invalid as per law. In such case, your FIL can execute an affidavit later on affirming that he has gifted the said amount to your wife and paid it directly tio the builder. The only problem is that some of the legal heirs of your FIL can claim its share as explained above..

2. Ordinarily she is required to append her signature before the registrar while getting the property registered in her name. She can get the same registered in her name through her POA holder by executing a POA in favour of her father duly getting it registered before the appropriate officer of your local Indian Consulate and sending the same to your FIL.

3. The 1st holder or the sole holder of the title is liable to pay the taxes as per law.

Dear Client,

Property can be bought by her father, in her name, no issues, except that the payment should be done from known source.

No need for joint ownership, As Gifting share will cost u stamp duty of 1%/i lacs + 1% registration charges.

JOINT OWNERSHIP - Relinquishment Deed is best option and minute fees.

Without her presence, sale deed cannot be executed, can try through Power Of Attorney, if sub registrar permits.

Further can be advise on perusal of documents to be executed.

hi,it is advisable to book the flat jointly in the name of your wife and FIL..in that way he can initiate the transactions from his account till the posession is made by the builder..Before sale deed he can transfer the flat in favour of your wife by giving a afidavit to the builder

Your father in law can pay for the property to be purchased on his daughter's name, there is no legal infirmity in it.

There is no tax liability to her while acquiring the property funded by her father.

The second option i.e., to buy on the joint names and then execute a gift deed in her favor will not be feasible because this is just a sale agreement, the final registration shall be after final payment and delivering possession, but you will be paying the balance amount hence you should get into the agreement as joint owner now itself.

She can execute a power of attorney deed in her father's name who shall sign all the relevant papers in their favor.