Section 123 of the Transfer of Property Act, 1882 reads as follows: “For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered.”

Your sister may either execute a gift deed, gifting the said property to you or execute a special or specific PoA in favour of her relative or any other person, specifically granting the power to him/her or such other person to gift the property to you and to execute the applicable documents and admit and lodge the same for registration to give effect to the gift of the property in question. It may be noted here that a general PoA will not be sufficient and the attorney will not have the requisite power to execute a valid gift deed of such property.

A PoA that grants to the attorney the power to gift immovable property to a particular person must be registered.

 As you are settled abroad and won't be able to visit India in the near future, you may execute a POA from the country of your domicile through the Indian Embassy/ Consulate. There are two ways to execute a POA from abroad:

Legalisation: In this case, signatures of the notary or judge before whom the POA is executed are required to be authenticated by the duly accredited representative of the Indian Embassy/Consulate. According to Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarising a deed from an authorised officer of the Indian Consulate/Embassy would be considered a valid notary. Such a POA is not required to be stamped at the time of execution. However, it needs to be stamped within three months from the date of receipt of the POA in India. Stamp duty would be payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the deed is presented for registration in India.

Apostalisation: The deed of POA executed outside India are proven through an apostallisation process which is governed by the Hague Convention, 1961. Also known as superlegalisation, apostille is a certificate which confirms and verifies the signature/seal of the person who authenticated the document. However, this deed, too, needs to comply with Indian laws such as the Indian Registration Act, 1908, and the Power of Attorney Act, 1882. You also have to pay the stamp duty on this. If one wants to obtain apostille in the US.

For any other information, feel free to call.

Regards.

1. first have the gift deed drafted by a good lawyer

2. the gift deed draft can be mailed to you and you can take print of it there

3. donor and donee will then need to execute the gift deed before the Indian Consulate/Embassy there

4. no need for any stamp paper 

5. alongwith the gift deed, both donor and donee also need to sign a special power of attorney in favour of some trusted person in India, who would complete the registration formalities on behalf of the donor and donee, by presenting the signed gift deed to the registrar for registration 

6. an additional procedure of Apostille may be required depending on the requirement of the registration office

7. both gift deed and POA, duly signed and attested as above, can then be couriered to the grantee of the POA 

8. the grantee would then have it stamped for the relevant amount of stamp duty and then present it for registration to the sub-registrar using the special POA

9. once registered, the original document i.e. gift deed can be couriered back to you in USA

10. once registration formalities are completed, the special POA will come to an end automatically and the grantee wont be able to use it anymore 

11. for paying the stamp duty applicable on the gift deed, you can remit or wire the required amount to the bank account of the grantee or if you have a NRO account in India, then it can be transferred there, with an authority to your grantee to withdraw the necessary funds from that account for paying the stamp duty. Its better that money is transferred to the grantee only, as there would be unnecessary hassles by your bank for withdrawal of funds from your NRO Account, if any in India

12. the total expenses involved will be:

- lawyer's professional fee for drafting the gift deed and special POA and for monitoring the registration of the document through a registration agent 

- stamp duty (3% of market value of property)

- registration fee (1% of market value of property)

- registration agent fee (depends from agent to agent)

- out of pocket expenses to take care of any contingencies and for miscellaneous expenses 

13. since the original registered gift deed will have to be couriered to you, I suggest you take a proper insurance for safety of original document while in transit from India to US

Please check s.33 of Registration Act:

(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:--

(a) if the principal at the time of executing the power-of-attorney resides in any part of 1 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid 2 [resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in 1 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3 [Indian] Consul or Vice-Consul, or representative 4 [***] of the Central Government:

1. No gift deed can be executed beyond the boundary of Indian territory.

2. So at least one of the donor or donee will have to be physically present before the Registrar where the property is situated.

3. Now one of the parties who can not travel to India to execute this deed of gift can make a close relative in India a POA holder.

4. The aid POA executed in abroad needs to be notarised/attested there and then it is required to be adjudicated in India on which basis the constituted attorney in India can represent the person staying abroad in the registration office and complete the registration process.

1. The gift deed can be executed out of India but for it to be registered in the office of sub-registrar under Section 26 of the Act there has to presentation of the same to the registrar. So you will have to execute a Special Power of Attorney to authorize someone to present the document for registration.

2. This procedure is rarely used.

your sister has  to execute special Power of attorney in USA in favour of family member to execute gift deed 

2) POA should be on Rs 500 stamp paper or franked

3) POA should be attested before Indian consulate 

4) on basis of said POA gift deed can be executed for sister share of property in your favour 

1) You need to appoint local lawyer who will visit on your behalf and physically present in Registrar office and proceed all gift deed procedure took outside of India and property transfer on your name solely.

1. As per the information mentioned in the present query, makes it clear that though you have gone through about he issue in detail over internet, but unable to find any such incident of happening the same desire by you as per section 26.
2. That is may be because of the reason that no one has contested the same before any court of law, so eventually there is no precedent over the same.
3. And if you go by careful reading of the above mentioned section 26 of Registration Act, you will find that it is the discretion power of the registrar to accept it or not, if come for registration within the limitation period of 4 months from the date of execution of it.
4. And I believe that you will be getting it done within the limitaion period of 4 months..

See since in the gift deed there is delivery of possession it cannot be executed outside India it wont be properly executed taking into consideration Transfer of property act and registration act the POA is way out in your case.

1. For the purpose of registration of document under section 26 also, the parties have to mark presence before the registrar. Also, the section talks otherwise and not about the case where the parties are not residing in India. 

2. Best way will be that a relinquishment deed is made by your sister and the same will be valid as and when you will try to sell of the property. 

Regards 

1.  For registering the gift deed executed in US, the concerned parties are required to be present before the registrar's office, thus there is no exemption for appearance before the registrar either in person or through a power of attorney agent. 

2. The document executed in US has to be presented by the concerned parties in person and get it registered

1. POA executed before the Indian Consulate is presented for vqalidation before the District Court in India and based on the said validated  POA executed abroad,deed of conveyance can be registered by the said POA hol;ders. 

2. In case of registering the deed of conveyance, the executors ahsll have to be present before the Registrar for appending their signatures on the Register kept by the Registrar.

You can register the same in us after affirming it in Indian embassy. Then you can execute a special power of attorney through Embassy and get the document registered in India through POA.

Hi,

Your sister can execute a gift deed in favour of you in presence of two witnesses. The documents needs to be notarised.

Then for the Gift Deed to be registered within the limitation period of four months, you and your sister need to execute Special Power of Attorney in favour of the trusted persons (which needs to be authenticated in the Indian Embassy), who can complete the formalities at the jurisdictional Sub-Registrar Office in Mumbai.