Myself, my real sister, mother, Aunti & Cousin Sister (Residing in India) and Cousin Brother (a US citizen) are co-owners of ancestral independent house at Kolhapur. All intend to gift the property to me without travelling to Kolhapur. So can they all three give Special Power of Attorney to my Mother for doing the Gift Deed in my name? There is no blood relation between my mother and all three.
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Specific POA can be executed by other co owners in favour of your mother to execute gift deed in your name
2) POA should be duly stamped and registered
3) if your brother is residing abroad POA should be attested before Indian consulate
4) it is not required to be registered
The owners residing in India can register a special power of attorney to gift you property. Stamp duty has to he paid on Special power of attorney and same need to be registered before the sub-registrar office.
The cousin outside india can send notarized poa stamped with indian consulate.
1. The persons whether resident in India or in abroad can give a registered/notarised POA as the case may be in favour of any of them who representing them can make the gift deed in your favour.
2. In other words at least one person which is close relative to them requires a POA to represent them to make the deed of conveyance.
Yes, SPOA can be given by them to your mother (they can give SPOA) for doing the said act.
POA given by you from US needs to be attested by consulate at US, it need not be registered.
If the property is ancestral than you can go for relinquish deed and all legal heirs should be present at the time of registration process. kindly fix the date and call you US brother on that day procedure.
There is no necessity to exist a blood relationship between the principal and the power of attorney agent.
They can very well execute a registered power of attorney deed in your favor for executing this gift deed on their behalf to you.
Ok. Which means that : Special Power of Attorney for making a Gift Deed can be given by 3 co-owners to another co-owner without blood relation. Then, besides making such 3 separate Special Power of Attorney documents by each of them to my mother, do we also require to take their signatures on the Gift Deed document? Because Gift from my mother to myself will not fetch stamp duty, but gift from them would qualify for 5% to 7% stamp duty of the property value. If their signatures are taken on the document as a precaution, and then while registering Gift Deed actually in front of Sub-Registrar Kolhapur, can he/she take an objection for signing the document in such a way? My mother would anyway sign the Gift Deed on their behalf and we would pay stamp duty as per rule.
In the execution of the registered gift deed the applicable stamp duty and the registration charges are to be borne by the donee.
However the donors who have authorised their power agent to sign the gift deed on their behalf need not appear or sign the papers.
Rest other questions are your imagination which dont have answer in law.
Once they have authorised their power agent to execute the deed on their behalf they cannot once again object to the said act.
Power of Attorney must be signed in the presence of 2 witnesses and notarised by the Indian Consulate/Embassy..
1. Yes they can execute special power of attorney in name of your mother to gift their share on your name.
2. If power of attorney is given in favour of your mother then signatures of principal of POA is not required.
3. Signature of your mother will be enough but stamp duty will be applicable as they themself gifting you the property.
You don’t require their signature on gift deed as they have already executed POA in favour of your mother
2) sub registrar ought not to take any objections if full stamp duty has been paid and POA registered
To give POA, no requirement of blood relation. All can give general/special POA to your mother to execute gift deed in your favor.
No signatures requires. Neither they can when mother is acting as POA holder on their behalf.
1. Location of my cousin sister is Vashi - New Mumbai and Location of property and SRO is Kolhapur, both within Maharashtra state. Do we need to mention any strong valid reason for she giving PoA to my mother and she not being able to be present herself at Sub-Registrar Office Kolhapur? 2. Property Card of this House displays 'Tenure - D (that implies "Lands Sold Out Rights by the Municipality")'. For making this Gift Deed, is it mandatory to first convert it to 'Tenure - C (that implies "Lands Sold Out Right by the Occupant")'. This is a tedious process and takes more than a month as one has to dig down historical records from Land Records Department etc. Because Gift Deed is one kind of Transfer of Rights, is it mandatory to have Tenure C first?
1) mention reasons why POA given to mother
2) local lawyer in Kolhapur can guide you regarding tenure issue
1. A simple reason that she will not be able to carry on such work due to her personal and unavoidable commitments shall be sufficient to mention as reasons in her power of attorney deed.
2. This involves local law hence you may better adhere to the local procedures in order to avoid any legal hassle in future and get all the issues cleared now itself.
If power of attorney is there no signature on the gift deed is required. Power of attorney holder can sign the gift deed on behalf of co-owners.
The reason for granting the power of Attorney which should be legally valid.
you are advised to contact a local lawyer and take legal assistance from him .
This is my response to you:
1. You will have to inquire about the category of land if can be transferred or no. Also the land is Tenure C category, and only C category can be sold by the occupant;
2. You will have to obtain NOC nonetheless for the sale;
3. Also if you do enter into an POA then the same must be registered;
4. Consult a local lawyer of Kolhapur and take steps.
Tenure D (Occupancy Class 2) and Tenure C (Occupancy Class 1) are not Kolhapur specific things but those are prevalent in Maharashtra. Local lawyers from Kolhapur as well as SRO people are telling contradictory answers (Some are saying that conversion of Tenure D to Tenure C is required and some are saying that it is not must for making Gift-Deed). What is your take on this?
No reason require to execute POA. NO conversion require to gift property.
act as per advice of local lawyers dealing in land cases
Why do you stop the process of the proposed work based on the confusions over different opinions by different lawyers/agencies.
You start with the process, let the authorities accept it or reject it for the reasons that can be rectified, hence you may rectify the issue later on and proceed with the desired transfer transaction.
1. No
2. For gifting not required
Ok. So now it is clear that my cousin brother (US Citizen), cousin sister and Aunti can give PoA to my mother for gift deed of ancestral house. (1) What would be the stamp duty for the same PoA? Is it only 500 Rs. or 5-6% of their share in market value of the property? (2) PoA for this Gift Deed - (a) Execution and (b) Registration. What exactly is needed?
There is no stamp duty on the POA except for the registration charges/adjudication charges for the deed executed within the family members.
2. After execution the same shall be registered before the concerned registrar's office..
Stamp Duty on POA for Sale of Property – Rs. 500/- if the Power of Attorney given to a near relative, authorizing to sell or transfer immovable property without consideration or without showing any consideration. You may contact a local Property lawyer in this regard..
POA for execution of gift deed would attract Rs 500 stamp duty
if POA is executed abroad it is sufficient if it is attested before Indian consulate
if POA is executed by aunt and sister in Mumbai it has to be registered
500rs max. Notary is suffice.
PoA for this Gift Deed Execution and Registration. Draft available with any lawyer.
Yes it can be given
1. It's correct
2. Both execution and registration
What precise details of my Cousin Brother need to be mentioned in PoA if he is US citizen and does not have PAN or Aadhaar?
POA should mention that he is unable to come to India to execute sale deed Due to work pressure
No, I am not asking the reason for PoA. What exact details such as US CITIZEN No. ? Address in US ? ... US Income Tax. No. ? US Resident Status ? NRI No. .... ? These Personal Details, what those details are required?
It should mention your US address , passport details , US. CItizenship status
While a non-resident Indian (NRI) is not required to have an Aadhar card or a PAN.
He may have to furnish vital details, namely, his name, age, father's name, his passport number, his any other identity proof of that country viz., his country's national identity card or driving licence of that country etc.
In addition to the details mentioned in my previous post, e may mention his OCI or NRI number if he has any
Just he needs to give present residential address and the purpose for which the POA is given needs to be captured, that is enough.
He need not give details as discussed in your post.
Just mention clear introduction. His US citizen no./NRI no.and US and local address will mention.
All of above details and the reason for poa
USA based Cousin giving Special PoA to his blood relation Mother for she making further gift deed has to be registered in India. Ok. But is it mandatory to get it registered at the location where Brother's Mother's address is mentioned on that PoA document? Or she can get it registered anywhere?
Will register where property exits. And if POA attested by Indian embassy, no need to re registered.
POA if attested before indian consulate does not require registration
registration of gift deed has to be done where property is situated
POA is issued in US has to be attested before consulate, it need not be registered.
The Gift Deed has to be registered within the jurisdiction Registrar's office where the Property is Situated.
registered in states where the property is situated.
The address of the POA will be the jurisdiction to get it adjudicated or registered or else it can be adjudicated in the place or territory where the property situate.
Yes it's advisable to do it where the gifted property is situated