• I live abroad - I want to transfer

Hello sir, 

 I live abroad i want to transfer my house and lot property in Tirunelveli district, Tirukurungudi registrer office. This house I inherited from my father( death) and my mothers share, now the house is 55 percent in my sisters name and 45 in my name . I want to transfer by sale or by gift to my sister for taking care of my mother . How can i do that from canada, I went to bombay on May ,,, and I gave a power of attorney in favour of my nephew(who is also my sisters son) to go to ERuvadi and sign the sale or gift in his mothers name. But the registrers office in tirukurungudy(nanguneri taluk) said they no longer accept power of attorney. So now how can i do the transfer to my sisters name. 2nd question: what will happen to my property if I get canadian citizenship. My email:[deleted],, i am willing to pay consultation fee only to tamilnadu lawyer who knows property transfer law. thanks
Asked 4 years ago in Property Law
Religion: Muslim

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16 Answers

Hi, if the registrar office are not accepting power of attorney , you have to be present for the gift deed in person before the registrar office ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please note that you need to.execute a relinquishment deed or gift deed in favour of your sister and you need to be present at the time of registration since it should be.registered gift or relinquishment deed. Secondly you may have to be personally present since some states do have digital registration process which requires the person donating to be present at time of registration.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir first of all the registration office cannot.deny a proper POA of attorney, the section 32 of the registration act provides that deed of transfer can be registered through Power of attorney.

Further send a notarized POA in Canada further stamped on embassy by consulate the relative in who's name you are sending it shall get stamped from SDM office and then.can make a deed. Further Under the new rules, a POA holder seeking to carry out a land transaction will have to give documentary evidence to the Sub-registrar to prove that the Principal, the person who issued the POA is alive. The Principal has to get a “live” certificate with his photograph affixed to it from a Registered Medical Practitioner or a Gazetted Officer. These certificates are valid for 30 days only.

Further a relinquishment deed can be made in favour of the sister. You can relinquish your share .

Further you can ask in written if they deny to accept proper POA in that case your presence is required.

Also you will remain the owner of property even if.you get Canadian citizenship it won't effect your property rights.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Registered power of attorney in favour of family member is valid

2) if You have registered POA your nephew can execute gift deed in favour of your sister

3) it is suprising that registrar is refusing to accept registered POA in favour of family member

4) it is better you come down to India and execute registered gift deed in favour of your sister

5) you can continue to retain property in your name even after acquiring Canadian citizenship

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

Make hiba and register the same .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Now power of attorneys are not accepted in relinquishment and gift deeds. You need to personally visit the district to comply the same

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1. You have to execute a gift deed in favour of your sister.

2. In case of Muslims the gift deed i.e hibanama does not require mandatory registration. A gift of immovable property made by a Muslim is valid even if it is not registered under the Transfer of Property Act or the Stamps and Registration Act.

3. There are three essential conditions of a gift under Mohammadan Law (i) declaration of the gift by the donor (ii) acceptance of the gift by the donee and iii) delivery of possession. No particular mode of delivery of possession has been prescribed.

4. Better transfer the property before you acquire Canadian citizenship.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firstly, though you would only consult a local lawyer, but still I may want to guide with regard to the same.

Secondly, yes it is true now, after the latest Supreme Court judgments POA would not be entertained for transfer of any immovable property subject to a condition of the same has been executed in the favour of very close relative means father, mother, son, wife, brother etc. then may be entertained.

Thirdly, in your case, registrar is tight for not considering the same as it is in the favour of your nephew.

Fourhtly, you may have to come to the place and get it executed, and there is no problem with the Canadian citizen ship.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1)You can make special POA infront of Indian Embassy and get registered there in Canada.

2) Here it will work to get property transfer on your sister's name.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. You can execute a relinquishment deed in regard to your share;

2. Once the relinquishment deed is executed you will need to register it;

3. You will need to be present for one day at the registrar's office;

4. Once it is done then you will not be required to appear again and again;

5. You can search for a lawyer of tamil nadu from this link: https://www.kaanoon.com/lawyers/India

6. Make sure you get a chance to visit India once and do all the formalities at one go.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear,

As you say that you already gave POA to your nephew to sale or gift property then

registrar can't deny your request.If it is happen then he should want some extra from

your side,but don't worry hire local lawyer,he will done all the things for you.

Your property is your until you sell or transfer that one.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

As you have given POA, the registrar should have assigned a reason for rejection. If not, send a representation to IG, Registration. Thereafter, get a direction from the court to get the property registered through POA.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

You will have to go to the concerned registrar office in order to gift the same.

The property remains with youbeven if you get canadian citizenship.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Authorities can not deny Power of Attorney. It is legal document. I doubt there must be legal mistakes in the power of Attorney.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You can execute a power of attorney deed from Canada also, get it notarised and send it to the power agent to his place of residence, he shall subsequently produce the deed before th jurisdiction registrar's office and get the same registered on his name.

After the POA Deed is registered, he can sell the property to your sister on your behalf.

The registrar cannot refuse to register the property through a power agent having a registered power of attorney deed.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. POA executed in favour of close/blood relative by the person who ordinarily is unable to appear before the Registrar to register a deed of conveyance is valid and the said Registrar should have accepted the POA executed by you in favour oif your nephew.

2. Sale by non related persons (brokers) through POA has been made invalid by the Supreme court vide its Order in the year 2012 in case of Surya Electrics.................Vs........... The State of Haryana. the said Judsgment is not applicable in your case.

3. However, you can get a gift deed (in case of sale deed, you shall have to show receipt of consideration and pay higher stamp duty) sent by your lawyer in India printed on Rs. 100/- stamp paper and then take it to your local Indian Consulate at Canada for getting it registered before the appropriate officer of the said Indian Consulate.

4. The consulate will inform you the amount of stamp duty you shall have to pay along with registration fee which you shall have to pay and for registering the gift deed in favour of your blood relation (sister), the stamp duty will be minimal.

5. The appropriate officer of the Indian Consulate might refuse to register the gift deed to avoid his responsibility and in that case you shall have to pursue over the fact that it is as per the Act that he shall have to register the Gift Deed being the appropriate officer of Indian Consulate which acts as the extended part of the country called India.

6. Even if you get Canadian Citizenship, you shall be the OCI (Overseas Citizen of India) card holder and shall be eligible to inherit and deal with properties including registering gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

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