Can I transfer my flat which is on my name to my minor sons name? I am indian but out of india. my minor son lives in india. the flat papers and share certificate are present in india.
You can definitely transfer the ownership of your property in your minor child's name for which you'll have to get a gift deed drafted by an advocate and executed. After that, the said deed needs to be mandatorily registered in sub registrar office after payment of stamp duty.
Once it is gifted then it becomes minor's property to sell it, you will have to obtain the permission from the court under the guardian and wardship act.
You can execute gift deed in your son name
2) gift deed should be duly stamped and registered
3) if you are unable to come down to India execute POA in favour of family member to execute gift deed
Hello
Yes you can transfer your flat to your minor son.there is no problem in that. You can give a power of attorney to a trusted person and he can transfer the flat in his Name.
Regards
No, you can't transfer direct flat in minor's name you should appoint guardian for this process.
1. Immovable Property can be transferred in name of Minor, PROVIDED a "guardian" is appointed for the same, without which it is not possible to transfer property in name of Minor.
2. The Gift Deed should show as follows:
Minor name u/g Father name (or guardian name)
u/g = under guardianship
3. You can execute a Power of Attorney (POA) (in favor of a Indian guardian), duly attested by the foreign country consulate. Based on this POA, the POA holder can do the needful in India.
4. Caution: Once the property is transferred to Minor, THEN such property cannot be sold even by Minor/guardian, without a Court Order.
Keep Smiling .... Hemant Agarwal
Yes, you can freely transfer your property in your minor child's name.
You can transfer your property in your minor child's name. Once it is gifted then it becomes minor's property to sell it you will have to obtain the permission from the Dist., court under the guardian and wardship act. Court wil give the permission only the sale is go protect the interest of the minor and the sale is for the benefit of the minor.
1. You have to appoint a guardian if you transfer your flat in your minor son's name, since the guardian shall represent your minor's son and executes the document on behalf of your minor son in the jurisdictional Sub-registrar's Office.
2. You can execute a Power of Attorney in favour of someone who acts as an agent and represents you, and executes the document on your behalf in the Sub Registrar's Office in the matter of transfer of your property in the name of your minor son's name.
It will be a good idea to make a gift deed in favour of your sons to transfer the property as soon as they become major.
Property for the benefit of -may be held by the parents so in case they get majority then you may transfer the property by other way as well but right now you can make sure that the property will be transferred to them and for that purpose we have to make a gift eat and get it registered
A minor is not competent to contract
So a minor cannot be a party to any legal transaction
However that would apply when by such transaction the minor may become liable or incur any liability
In a gift transaction the minor would incur no liability
But then question arises can a minor hold the gifted property. If a minor is incompetent to contract then he would on same length be not fit to hold any property as well
On the other hand a minor is always represented by his natural guardian
His natural guardians are his parents
So you can make a gift deed in favour of your minor son wherein you will be a donor and you will also sign for donee (in capacity of a natural guardian)
Such a deed would be subject to acceptance by registrar before whom the deed will be presented for registration
There it may get stuck in the event registrar refuses to register the deed since a minor is a party, though represented by his natural guardian
Will is not feasible because for a Muslim there is restriction of making a bequest only to extent of 1/3rd of his estate
A trust is also an option. But it wont immediately transfer the property to your son. You would have to depend on the trustees you would appoint in your trust deed
The point needs more legal research
Will see if i can come across something useful
Hi, you can make a transfer deed in his favour.. However , you have to be physically present in the registrar office to execute the transfer deed
Yes you can transfer the flat in favour of your minor son .
The minor can not sell but he can be a beneficiary of transfer.
If you are presently out of India you can give a POA in favour of your near relative in India who can make the gift deed in favour of your minor so though one of his parents requires to sign on behalf of the son .
Yes you can transfer it in India a guardian can be appointed as her mother to take care of property till he turns 18. You can send a Power of attorney to your relative in India to excite a gift deed to son and register same.
Hello,
A transfer to a minor is invalid and void ab initio.
Regards.
Hi,
You may do so, but put a condition of after attaining majority by your sons.
Hello,
No property can be registered in the name of the minor in India.
regards
You can very well transfer the properties lying on your name to your minor children by executing a registered settlement or gift deed, but who will be their guardian during their minority?
You have to be present in India before the registrar's office while you are transferring this property by executing a registered deed.
1. Yes it can be done. You can execute a registered gift deed in his favour.
2. If you are outside India then you may execute a registered GPA in favour of a blood relative to authorise him to execute the gift deed for and on behalf. The said GPA would have to be attested before Indian Consulate.
