Dear Client,
She can execute GIFT or Release deed ( if joint ownership ) at Indian Consulate at SA.
Than it shall be re registered at sub registrar office where property situated. No need of her to visit India.
Gift deed from out of India
My sister has inherited the property after my fathers death. She has now shifted to Saudi arabia and has also got married there. Her Indian passport has now be cancelled and a fresh passport from saudi arabia is issued. She is unable to visit India and she wants to gift her share in my name. How can it be done?
Asked 6 years ago in Property Law
Religion: Hindu
17 Answers
The NRI can gift the inherited property, only to a person who is resident in India or an NRI or PIO. He cannot gift the property to a person who is neither of these. In case of gift to a non-relative, the recipient will have to pay tax on the market value of the property that is received as a gift..
Power of Attorney (PoA) is the perfect instrument for you.
1. courier her the gift deed draft to saudi arabia
2. she can sign on the gift deed before a public notary or indian consulate
3. also send her a power of attorney for the purpose of registration
4. she has to sign the power of attorney also before the indian consulate
5. she can then courier both the gift deed and power of attorney to you in India
6. using her power of attorney you can then lodge the gift deed with the registration office for its registration
7. you then have to just sign as a donee and also admit the signature of your sister and sign on her behalf
8. power of attorney can be granted either in your favour or in the name of some other relative. Latter is better
Yes she can send a Power of attorney in name of any of relative in India, the power of attorney has to be notarised and further stamped by Indian consulate. Based on POA given for execution and registration of gift in your favour the relative can transfer said property to you. and can present himself for registration
She has to come or she can execute a General Power of Attorney, after that the attorney can transfer the property
Sister can execute POA in favour of family member to execute gift deed in your favour
2) POA should be duly attested by consulate
3)family member can execute gift deed in your favour
NRI/ PIO can gift residential (i) person resident in India or (ii) an NRI or (iii) PIO. (b) foreign national of non-Indian origin needs prior approval of Reserve Bank. In your case, execute a power of attorney with the help of notory public and send it to her email and take the print outs and execute it before consulate general of Indian embassy. And again sufficiently stamped it in . The POA executed in a foreign country and duly attested by Indian consulate of that country, sent by a sealed cover to the concerned registrar directly to be opened by him in front of the POA agent will be the correct procedure to be followed. The principle need not come to registrar's office physically for registering the same. If the registrar is not following the rules, the matter may be take up with the Dy.director, Registration for solution.
Based on POA execute a gift deed in favor of you.
1. Let your sister execute a Power of Attorney in your favour and get authenticated/counter signed by an official of the Indian Embassy and send it to you.
2. After receiving the same by you, get the same adjudicated in the jurisdictional District Registrar's Office in India.
3. Armed with the Power of Attorney, you can get the Gift Deed registered in your favour by accepting the Gift given in your favour.
1. If she can not travel to India she can give a POA to her near relative like your parents who stay in India so at the time registration of gift deed POA holder can represent you in the registration office.
2. To do this you can execute the POA in Saudi Arabia and get it notarised therein only before sending the same through post. In India then the said notarised POA then needs to be adjudicated/stamped to make it effective.
So if you need assistance on this you may feel free to contact.
Firstly, she can gift to you by way of a GPA in the favour of someone who can represent her in India.
Secondly, though there has been a recent Supreme Court Judgement that no property transaction can be carried out by way of GPA or POA etc.
Thirdly, but yes, it is subject to some exception as it allows to execute in the favour of some close related to you.
I need further clarification on following points: i. My sister name as well as surname has totally changed from before as she has been married to another religion. Will that make any issue while getting it signed at consulate?? ii. Indian passport having old name was cancelled and new passport with new name was issued from saudi arabia. Does it mean that Indian citizenship has been cancelled? If yes what is the further procedure for carrying out the transfer? iii. Do the first page of POA be printed in Indian Stamp or in Saudi Arabia's stamp paper if any?? iv. What are the documents/ KYC (Indian/ Saudi Arabias) is required while signing at Indian Consulate at Saudi Arabia. Do they have to carry in original / photo copy? v. I have also spoken to local registrar and as per his version poa needs to be adjudicated before Collectorate. What does that mean, where is it done , what documents are required to be taken (photo copy / original) and who are the person who needs to be present during the said adjudication process. vi. Please let me know the section and clause of transfer of property act or any other act which contains the provisions relating to my case. vii. Please let me know If any specific point that needs to be added in POA apart from general points? I would be very grateful if you can mail me the format at "cadiwakar.slg @ gmail.com " viii. My case is in relation to the state of west bengal. ix. I request you to provide me point wise reply.
Asked 6 years ago
1. No, it would be better to use both names as alias.
2. No further procedure required she can gift the property to you there wont be any issue.
3.Saudi stamp as available there.
4.Passport copy can be provided and original can be verified,
5. POA, copy of sister passport your ID proof and your presence is required.
6. Registration act section 33 and other provisions
7. There is no ready made format you need to engage the lawyer to draft a POA.
1-iii- No
iv. passport is enough
v. If you engage an advocate who will do the adjudication for your behalf. So this not your headache.
vi. This is not necessary to get your job done.
vii. If you engage an advocate he will draft the POA. This is the job of the lawyer , not yours.
viii. yes I have understood.
Your sister must be having marriage certificate
2) notification in official gazette fir change of name
3) it would be sufficient to establish both are one and same person
4)stamping of POA has to be on Indian stamp paper
5) original PAN card or passport has to be produced as identity proof
6) POA has to be produced fir adjudication before collector
1. no. the consulate is not concerned with the contents of the document. it only does attestation, ie witnesses the person signing on the document
2. u can attach both indian cancelled passport and saudi passport to the gift deed to show that the person named in both passports is the same. this will be required for registration purpose
3. the POA simply has to be printed on a green legal size paper. After it is signed and attested by the consulate, it can be couriered to you and you can then pay the stamp duty on the POA by getting it franked or by attaching the stamp paper of requisite value
4. contact the consulate office. it must also be having a website. check that
5. adjudication is the process by which the amount of stamp duty is ascertained by the collector, which is required to be paid on the poa. this procedure can be pushed or totally avoided. your agent can get it done. you just need to grease palms. however if you can wait till the adjudication is done, then well and good
6. its a gift transfer. why do u want to know the section and all? gift is perfectly valid in India
7. please have the poa drafted by a good lawyer. dont rely on formats. you are getting gift of a property which will be worth crores. so you can definitely spend to ensure that legally everything is fine. However if you want to save costs, then you can find such formats on google. however use it at your own risks. no lawyer will be comfortable sharing pre-made formats.
8. gift can be made in west bengal
9. done
If you find the above procedure too complicated, then ask your sister to make a Will in your name. However transfer of the share will take place in your name, only after her demise. Whereas by doing a gift deed, the property will be transferred to you in your lifetime itself
She can transfer the property to you through a Registered POA deed without visiting India.
You can arrange a person to be her agent to transfer the property on her behalf.
1. She can obtain the attestation by mentioning both the names with alias in between both the names.
2. The citizenship is not going to be a cause of concern, it is concerned with the transfer of property on her name to your name, hence that will not be a problem.
3. The POA deed should be printed in a plain paper.
4. They have to satisfy the authorities at Saudi with substantial identity, she may have to carry the originals for getting attestation.
5. The authority in India should satisfy itself about the identity of the POA and endorse the same in the POA deed which will enable the power agent to execute the desired gift deed in your favor.
6. You don't have to mention the section or provision of law in the deed.
7. You can get it drafted by engaging the services of an advocate for a legally valid deed.
8. Law on this is common to all states in India.
1. Your sister can execute a GPA in favour of a blood relative in India to authorise him to execute the gift deed for and on her behalf.
2. Ordinarily, the GPA has to be attested before Indian Consulate, but as your sister has relinquished her Indian citizenship the Indian Consulate cannot attest it.
3. The stamping of GPA has to be according to Saudi Arabian law.
4. Adjudication of GPA before collectorate means that it will be verified and registered before the collector.
5. Get the GPA drafted by an Indian lawyer.
