• US citizen Property

Hi, my Father gave a piece of land to my Brother through registered family settlement deed some 10years ago. My brother for his job settled in USA & recently got US Citizenship (Surrendered his Indian Passport/citizenship). Now he wants to sell the land to me. What is the Procedure for the same? Is it Possible in first instance? (My brother has a son, who too became a US citizen now)
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

your brother can sell the property to you by registered sale deed 

 

2) you have to deduct TDS at 22 per cent 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

See your brother can come to India and can make a registered sale deed in your favour before the jurisdictional sub- registrar office . Yes it is possible in first instance. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. No. Your brother son cannot be a part of new sale deed
  2. Adhar card, passport
  3. No. He can give power of attorney to your father, mother and wife from USA and the same can be stamped in India from concerned SDM office.
  4. You can make the payment as per convenience of both parties and consideration can be written as made.
  5. Here, I sincerely advise you to contact the local lawyer who execute the sale deed sitting out side the sub Registrar office and through whom you are going to execute the sale deed.  He is the best person to advise you property.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

brother  son has no share in property

 

2) PAN card , Aadhar card , should suffice 

 

3) sale deed has to be executed where property is situated 

 

4) dont make any cash payment 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

If he is minor and sale deed includes his share in property the same needs to be through court order under guardian and wards Act. 

Pan adhar etc all photo and address proofs. 

He can only attest the same there registration will take place in India along with his presence or his POA. 

In sale deed cash transact above 20000/- if mentioned can be a problem for you as far as IT dept is concerned. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

He can sell but TDS will be 22% due to change in citizenship. His son has no say.

Copy of settlement deed, his I`d and if no PAN card, form 16. He can execute sale deed at IE than you have to re register the sale deed within 4 months at sub registrar office where property lies.

Transfer through NRO account.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. Instead of trasferring the property through the sale deed, to avoid TDS and capital gain, your brother can transfer the property by way of settlement deed.

2. He can execute a Power of Attorney in favour of a person in india. the said Power of Attorney have to be noted in the Register office in India.

3. To execute a sale deed or settlement deed, the consent of your son in not necessary.

4. If it is transferred through the sale deed, your brother have to pay TDS  and capital gain upto 30%.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

Dear Client, 

As per facts,

Ans.1)  your brother has to come to India with his son and submit all the documents related to your brother & his                     son's identity proof before registrar office. 

 

Ans.2)  (1)Yes, your brother's son will be part of the sale deed.

             (2) All the documents for identity proof & NOC issued by USA Government with an affidavit.

             (3) No, but your brother has to inform to Indian Embassy in USA.

             (4) He can convert into indian rupees and same to inform USA Embassy. 

 

You can call me through KAANOON for more detail.

        

 

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

1. If only father is party in settlement he is absolute owner so is not required to be part of sale deed.

2. Passport , photograph and property related documents. 

3. No he cannot execute sale deed through embassy.

4. Through NRO account. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. There is restrictions in buying a property by a foreign national which is not so while selling the same. in this case hence your brother can vert well execute a gift deed or sale deed to transfer the land in your name. Your nephew need to give any consent for this.

2.His adhaar card and pan car is required unless any other document is mentioned to be produced by the said office. So get in touch with the registration office beforehand.

3. No

4. In gift deed no consideration except love and affection need to be mentioned. So make gift deed which would save you stamp duty as well.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

As your brother has got the property through family settlement deed is minor children I been taken care by the parents so there is no need of any e NOC for this purpose however his name will appear in the registration deed this is a simple registration process considering the consideration amount to be mentioned on the registration date and the long-term capital gains will be calculated based on the value of the property and the value of consideration and is to be deducted by the buyer itself and deposited in income tax account as in this case the seller is now a foreign national so it is the response of the bhaiya to collect the income tax and in this regard to TDS.

In case he himself is not coming to India for registration purpose then he can provide power of attorney to any blood relative in this regard certified by the US consulate of India and get it notarized in India for the registration purpose the GPA holder will collect the amount from the purchaser after deduction of the tax and he can repatriate the amount to to the buyer as per the GPA terms and conditions for any further information you can speak to me if necessary

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

By virtue of being born in India but being a U.S. citizen, a Person of Indian Origin for the purposes of the law. ... However, if he decide to sell it, he cannot sell it to an NRI or a PIO, your brother have to sell it to an Indian resident. Capital gains tax will be payable if he sell the property. he can also gift inherited property through gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your brother can sell the property on his name to you or to anyone ion the normal manner since this property was transferred to him when he was an Indian citizen.

However since he is a foreign citizen, you may have to hold the TDS while making settlement of the sale consideration amount.to him at the rate as applicable.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1.  Not necessary since it is his self acquired and own property.

2. You are right that he need to submit the original title document and other proofs  eg., PAN, residential identity proofs, individual identity proof etc.

3. No, he may have to either come down personally or can authorise his representative by executing a registered power of attorney deed in his favor.

4.  Since he is a foreign citizen, you may have to follow the procedures for transferring the amount to his account in the foreign country as per the RBI guidelines in this regard.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your brother has the property which he got from his father and that makes the property ancestral for his minor son.
  2. Yes, he would have to mention in the sale deed that he has been acting as guardian for his son’s share and selling his undecided share also to you.
  3. No, it will have to be executed in India only where the property has been situated.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer