• NRI property transfer

I am looking to understand process to gain ownership of a property that I have paid for. My brother took a loan but due his financial hardship I paid him total amount so he can pay the bank. As loan was in his name he is primary owner and my mother is secondary. He is not married but he has acute gambling problem thus I want gain ownership for my mothers security. I am an NRI and my brother also recently moved here. So my mother is the one currently occupying the apartment. Could you please help me understand how being outside India I can have my brother ( who is also outside India but at travel distance from me) transfer his ownership to me. Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1) Get transfer of ownership from his name to your name by way of POA in foreign country in the front of Indian Embassy in his Office.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

How to get POA attested at Indian consulate/embassy

The procedure is fairly simple and somewhat standard at most Indian consulates worldwide. Generally the steps involved are:

•Power of Attorney document prepared abroad for the purpose of sending POA to India does not require a Indian Stamp paper. A plain piece of paper can be used to write down the POA terms and conditions. The terms and conditions should list out all powers you want to share with the POA holder. Whatever you want to POA holder to do on your behalf. Two copies will be required. Do NOT sign the POA document as this must be done in front of a Consular officer at time of attestation.

•Two witness signatures are required on the POA document. oYou have a choice of either taking the two witnesses with you to the consulate oroGetting them to sign the POA and get their signatures notarized. In the event you are unable to take the witnesses to the Indian consulateoIf witnesses are going to the consulate, they should NOT sign the POA as the signing will be done at the consulate.

Documents required for Indian Consulate Attestation of POA

Here are some of the documents that may be required. Original documents should be taken along with copies. Call consulate to confirm what documents they require to avoid surprises as rules may change at any time:

•POA prepared document along with copies

•Original Passport + Copies of all non-blank pages including first and last page.

•Copy of Address proof in the country of your residence. For example: A bank statement, driving license, utility bill etc.

•Proof of legal status in country of residence, such as visa etc.

•Two passport size photographs

•Applicable fee at time of attestation.

•Witnesses if going to consulate should also take their proof of identity documents. They will be required when they sign POA at consulate to confirm their identity.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) your brother can execute POA in favour of your mother to execute gift deed in your favour

2) POA should be attested before Indian consulate

3) then your mother can execute gift deed in your favour in India

4) have it duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

If your brother is willing to transfer his share in this flat to you, he may relinquish his interest to you by means of deed of relinquishment.

The above will require presence of both of you in India. If coming down in India is not possible for both of you, you both will have to execute a duly attested POA authorising your attorney holder to do the needful on your behalf in India.

If your brother is not ready for the above arrangement and is unwilling to transfer his ownership to you, you will have to file a declaratory suit to derive ownership over such part of the flat for which you have contributed the funds and sponsored your brother.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Your brother cannot sell the flat without your mother consent as she is co owner of flat

2) if POA is executed by brother in favour of mother she can execute gift deed in your favour fir your brother 50 per cent share in flat

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

yes, your brother is free to sell his joint share in this flat without seeking your mother's consent.

He cannot sell the entire flat.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1.if your brother is outside and cannot travel to India he can execute a POA sitting in abroad which is to be notarized in that country in which basis the attorney named therein can represent him while making the deed.

2.The deed to transfer the sahre of your brother in the proeprty in your name would be a deed of gift and if he gives POA to your mother she can transfer the share of her one son to another.

3. For this registration process your presence in the registration office is required.

4.if you also can not come to India then you can give POA in similar manner to your close relative in India who would represent you at the time of registration.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. Once I have POA, how do transfer it on my name in India from US? Also, if my brother denies to sign, could he go ahead and sell flat even if my mom name is there on agreement as secondary?

Ans: Without removing the name of your mother your brother cannot sell the property. You can get a Release Deed from your brother in respect of above property and also release deed from your mother and get the above property transferred in your name. But your presence in India is necessary to get the documents registered.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, both of them can execute a gift deed in your name .. But for the process you have to present in INDIA .. POA is not a suitable option as it can be revoked and challenged by the executor

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

NRI Property Transfer :

You should pay the amount of loan to the bank and get title clear and then you can transfer the property. As your brother is residing outside you can manage for Power Of Attorney residing in India who could do legal procedure on behalf of your brother. Your brother can give Power of Attorney to your mother and after full payment of bank you can get the transfer of the property.

POA :

If the property is on the name of your brother and mother, one can not transfer the same without consent of joint owner. Whose POA is with you is not clear. Unless and until POA is not cancelled it remains in operation.

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

No. he cant sell the property if your mother is co owner or he can sale only his share in property.

See if your brother agrees to transfer it in your name or your mother than ask him to execute a POA on your name get it attested in the country he is living along with authenticated by Indian consulate to register and execute a gift deed in your favour.

once the POA is in India it should be authenticated by local DM/SDM depending upon state and then the gift deed can be executed.

Now in case he don't agree to transfer and you have proof that you paid for property then file a civil suit claiming ownership of property from your brother.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

once POA is received get it authenticated by DM/SDM execute a gift deed on behalf of your brother in your favour attach copy of POA with the deed.

Your mother if co owner of property and the property cannot be sold.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

He can execute a Registered gift deed in your favour. The said ownership will be transferred to you

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1) The Flat will not get transfer on your name, however you have the rights to sell the flat to third party, that is written in the agreement.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If the bank loan has been cleared and the loan fully discharged, then upon getting the title document back, your brother can execute a registered gift or sale deed in your favor in respect of his share in the property if it is a jointly owned property.

He can execute a POA deed in favor of your mother in India duly notarised by a notary in the country where he currently resides.

Your mother can get the POA deed registered before the sub registrar and then execute the registered gift or sale deed in your favor, thereby you and your mother shall become joint owners of the property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You can give a power of attorney deed ion favor of any other trust worthy person who shall receive the property on your behalf.

If your brother refuses to give away his share then you can take action for recovery of amount given him as loan.

He cannot sell the entire property without your mother's consent or execution of joint sale deed.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

Since the name of your mother is there in the deed therefore the brother can not unilaterally sell off the property in India

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After the execution of the POA in order to sell the property on behalf of your brother you will have to come to India one time

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Duly Execute a GIFT Deed, thus Transferring all Title-Ownership rights over the property. This Gift Deed should be executed before the Indian /Foreign Counsulate. This will serve all the purposes, as desired.

2. HOWEVER, subsequently the Stamp Duty and Registration has to be done in India, for proper name mutation to gain future Sale /Gift /Mortgage /whatever rights.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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