Sister can execute gift deed in favour of her brother ie her husband

2) gift deed should be duly stamped and registered

3) your husband can then sell the property

Hi, your father -in-law is having the POA...He can execute the sale deed on her behalf..If the POA is not attested , she can execute a fresh POA and get it attested from the embassy..

Your sister has to execute a gift deed in your favour and then on that gift deed you can further make a sale deed.

As in GIft deed there is no consideration she wont have to pay any taxes for capital gain.

So your sister can execute a POA in name of any family member to execute and register a gift deed on your behalf later by using gift deed you can sale the property to the prospective buyer.

Apply for and obtain PAN card

2) obtain NRO account

3) sister can execute gift deed in your favour

4) sister can execute POA in favour of family member for execution of gift deed

1. There can be a tri party sale deed made with the buyer. Your husband will be the vendor who will receive the payment from the buyer and your sister will be the confirming party who will confirm the sale transaction between your husband and the buyer without receiving any money from the buyer and thus not being liable for any capital gains tax on the sale proceeds.

2. Your sister can execute a power of attorney in favour of your father in law who will sign the sale deed on her behalf. This power of attorney can be signed by your sister before the Indian Consulate/Embassy in the US.

3. Similarly your husband can sign a power of attorney in favour of his father with a power to sell and receive the sale proceeds on behalf of your husband. This power of attorney also needs to be duly signed before indian consulate or embassy in UK.

4. Both the powers of attorney can then be couriered in India to your father in law.

5. The sale proceeds can be received by your father in law on behalf of your husband and thereafter your dad in law can remit the sale proceeds to your husband via banking channels.

6. No need for a gift deed in your favour.

Yes you can open an NRO account and the funds can be remitted in it directly with tax deduction and you will get benifit of same under DTAA.(India Uk)

Yes she can gift directly to you,

yes and the gift deed need to be notarised and registered before registrar on paying requisite stamp duty and registration fee for that either you have to present in person or a power of attorney can be given to sign, execute and register.

No apostilled in HC it has to be done with sub registrar

Yes she can execute POA in name of father in law for executing gift deed in your name and registering same, then father in law on her behalf can make a gift in your favour .

Gift from relative as brother spouse sister mother father is exempted from tax under 56 Income tax act.

Though after when you sale property there has to be a tds on short term capital gain.

1. In whose name the flat stands as on date?

2. Does it still stand in the name of your sister?

3. If yes, then she should execute and register a gift deed in your favour and being blood related sister,, the stamp duty to be charged will be minimum.

4. Once the title of the property is conveyed in your favour, you can sell it for which you won't have to pay any Income Tax on account of capital gain.

1 As per my experience in dealing such cases in Calcutta such deed of conveyance can be registered by mentioning the OCI card no. also. which probably both of you have.

2. You can get the title of the property conveyed through the gift deed as advised in my earlier post and then open a NRO account in India to accept the payment of consideration therein.

3. While registering the gift deed as advised in my earlier post, the recipient of the gift being yourself shall have to sign the gift deed as having received the said gift before the registrar for which both of you shall have to be in the same place legally .

4.Alternatively, she can execute a POA in favour of your father in law who can execute and register the said gift deed in your favour and in that case also both your father in law and yourself shall have to sign the said gift deed before the Registrar.

5. If your father in law is in UK, then he both of you can go to the local Indian Consulate and get the said gift deed registered before the appropriate officer of the local Indian Consulate.

6. There will be no capital gain tax to be paid by you for selling the said property immediately after getting the gift deed registered in your name.

7. If your father in law is in India and can not go to UK, then you shall have to come to India and get the said gift deed registered before the Registrar.

If she is the owner of the property she has to bear all the tax issues whether she is benefited or not by it.

You can ask the actual seller to bear the losses and compensate her the same in the manner known other than this.

In fact the unregistered POA deed will not be a valid document for the seller to sell the property on her behalf.

She may have to execute a fresh POA deed in the country where she resides, duly notarised by a notary of that country, send it to the power agent in India with a medical certificate about her mental health, the power agent will register this document and shall be able to sell the property on her behalf on the basis of the POA deed in his favor.

You can discuss with a local auditor in India for the possibilities to avoid tax at either place or how to overcome.

None of us have Indian Bank accounts or PAN card/Addhar card- does this create an issue. My husband and I can however open an NRO account and apply for a PAN card. My sister does not wish to sell directly due to US taxation issues.

If she do not want to sell directly then she cannot sell it forever. She has to take some responsibilities on this or you can arrange for compensation to her taxes in US.

can my sister gift to me directly? Do we both need to be in the same place for the gift deed to be notarised and apostilled (attested by Indian HC)? Or can she execute another PoA in the favour of my father in law so that it can be gifted to me without us both needing to be in the same place?

A NRI cannot gift the immovable property to another NRI while both are residing outside the country.

She can execute a gift deed in favor of a resident in India.

In this scenario it would be beneficial to execute a gift deed in your favour. Your sister was Indian citizen at the time of allotment of the property therefore no need to take permission of RBI before making such a gift. Your sister can execute gift deed in USA and got his registration before the Indian consulate by paying requisite fee. After completion of gift you have to pay gift tax which is 20% on the appreciation amount of the property.

You can't sell the property unless you have a sale deed executed between the previous owner or any authority. The unregistered poa is legally void and illegal in eyes of law.

You need to get the property registered after payment of stamp duty on the value of the property and in case of sale the the tax will be ducted by the buyer and paid to Income Tax Department and sale proceeds shall be paid in NRO account for repatriation.

There is no ristriction.

Dear Client,

Gift Deed will bear 5 % stamp duty + 1 % registration charges. Tell her to execute POA in father in law favor or whomever,get it notorised at Indian Consulate, get it re registered in India within 4 months at sub registrar office.

Than ask her to GIFT the sale consideration or through POA holder.

Gift of movable is valid by mere give and take and don`t require any registration.

Hi,

it is better to have a NRO account and PAN card. It is better to have gift deed from sister at Indian HC and be present there physically.