• Gift deed to mom from abroad

My son wants to execute an unconditional gift deed of flat he purchased in 2015 in Hyderabad to his mom right now. He is working in London and due to corona pandemic and other reasons he can't come to India now, but wish to gift it through any possible legal way. Can he execute the deed from there, by GPA to me as father so that, I can transfer the property to his mom here. Can we prepare the blank docs of (1)Gift Deed and (2) GPA simultaneously here and send the hard copies there, so that he can fulfill all required legal processes from there(London). What authentications are required for ultimate smooth registration here? Please update with thanks in advance.
Asked 1 month ago in Property Law
Religion: Hindu

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17 Answers

Son can execute specific POA in your favour 

 

2) POA should be attested before Indian consulate 

 

3) your father can then execute registered gift deed in your mother favour 

Ajay Sethi
Advocate, Mumbai
75969 Answers
4543 Consultations

5.0 on 5.0

He can send you GPA, apostille at embassy or notorised in London. And same will register in India with in 4 months. After that, you can act as donor on is behalf.

Gift deed will register at sub registrar office where property located.  Or he can execute gift deed before the Consular Officer at embassy. 2 witness will require.

Yogendra Singh Rajawat
Advocate, Jaipur
19448 Answers
25 Consultations

4.5 on 5.0

Your son has to make POA in front of Indian Embassy and send it to India here you can execute the POA . Instead of your name kindly get POA on wife's name directly, because any how gift deed procedure is different you son should be present here, but for POA its not required.

Ganesh Kadam
Advocate, Pune
10212 Answers
92 Consultations

4.9 on 5.0

1. Your son may execute a POA there in favor of you to execute the gift deed . You may using same sign and register gift deed here in India.

2. The POA needs to be stamped by notary and Indian consulate their and once you receive PoA in India you may get same stamped before registrar of stamps.

Shubham Jhajharia
Advocate, Ahmedabad
24959 Answers
99 Consultations

5.0 on 5.0

1. Yes, he can give a GPA to his father by notarising in abroad.

2. After it reaches to the Attorney he after adjudicating it can act upon it and make a gift deed in favour of the person he so chooses. 

3. Take help of an advocate to complete this. 

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

- Your son should execute POA in favour of any relative in India , like father , brother etc , after dully drafting and notarised/ consulate of India in England .  

- Further , that POA holder can legally transfer the said flat by way of a registered Gift deed before the office of Registrar in Hyderabad. 

- Your second option ,i.e. sending the blank documents for signing the same in England ,will be not valid in India , and cannot registered in India as well. 

-  Further, as per Section 17 of the Registration Act, 1908, Registering a gift deed with the sub-registrar of is mandatory. 

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

this can be done via  a registered GPA.

Get the digitally signed documents 

 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Hemant Agarwal
Advocate, Mumbai
4711 Answers
23 Consultations

5.0 on 5.0

A gift deed must be prepared in London and duly stamped and notarised. That gift deed is sufficient and it should be sent to India. Tge mother can take possession and the gift shall be complete.

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

If your son wants to transfer the property on his name to his mother name by executing a registered gift deed,  since he is not able to visit India for this purpose,  he can execute a SPA deed in your favor. 

You can get it adjudicated before the local sub registrar and then can execute a registered gift deed in favor of your wife on his behalf on the basis of the special power of attorney in your favor. 

T Kalaiselvan
Advocate, Vellore
65934 Answers
861 Consultations

5.0 on 5.0

You can execute the gift deed there as well as you can get it attested through high commission or Indian embassy but you have to register it in India. 

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Your  son needs to give Special Power of Attorney (SPA) to you.

The SPA needs to be duly attested by Indian Consulate and send it to you.

Based on the same, you can complete the execution of Gift on behalf of your son to your Wife.

 

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

1. Your son shall have to go to the local Indian Consulate and get the POA in your favour attested by the appropriate officer of the said consulate and return to you by Courier.

 

2. You shall have to place the said POA along with the envelope carrying the said POA which has been delivered by the Courier to the local Collector and get the POA stamped by depositing Rs.50/-.

 

3. Based on the above vetted POA ehich has been signed abroad, you can now register a gift deed conveying the title of your son on the property in favour of his mother based on the said POA.

Krishna Kishore Ganguly
Advocate, Kolkata
24292 Answers
671 Consultations

5.0 on 5.0

1. Let him then execute a GPA in favour of a blood relative (you) in India to authorise the latter to execute the gift deed for and on his behalf.

2. The GPA has to be attested before Indian Consulate and then registered before the sub-registrar in India.

3. On the strength of GPA you can execute the gift deed for and on behalf of your son in favour of his mother.

4. Blank papers wont suffice as the donor has to personally go to the sub-registrar's office to execute the deed.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Dear Querist

as you are the father, your son may execute a GPA in your favor and send it to you through Post, and based on that GPA you may gift that property to your wife.

 

Draft a GPA/SPA and send it to him for signature and attestation. after taking printout he may sign and notarized the same and send it to you by Post in hard copy.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

your son can execute a POA in your favour and power of attorney is attested by the Indian Consulate/Embassy then he can send it to India. once you received POA you can execute Gift deed behalf of your son. 

Mohammed Mujeeb
Advocate, Hyderabad
16588 Answers
11 Consultations

4.5 on 5.0

1. Your son can send GPA attested from Indian consulate in London giving you power to gift his property to his mother. 

2. Once you recieve the GPA get it registered with sub registrar.

3. You can execute gift deed once the GPA is registered.

 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

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