• NRI gifting property to parent

Hi, I have acquired UK citizenship by naturalization but hold OCI card. I have an apartment in India which I wish to gift to my Father or Mother. But the property hasn't been registered in India yet despite us having possession since late 2018 as the developer is yet to receive Completion Certificate.
My father already has Special POA from me regarding the property purchase. How can I make this gift in a smooth way without having to visit India please given the travel restrictions?
1. Would I need to just make a Gift Deed here and get it attested by Indian consulate?
2. Would I also need a POA so my Father can get the Gift deed registered in India?
3. Does the Gift Deed even need registration in India if the property hasn't even been registered in the first place?
Thanks for your help.
Asked 8 days ago in Property Law
Religion: Hindu

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14 Answers

Property has to be registered in your name 

 

2) you can then execute registered gift deed in favour of father 

 

3) if you are unable to come to india execute specific POA in favour of family member to execute gift deed in father favour 

 

4) it has to be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

1. As per your narration your father already has Special POA and if it contains specific clauses such as getting registration of the property in your favour, selling/ gifting the property, then you can use the same Special POA for gifting the property to your parents.

2. Otherwise you can get a new POA countersigned by the official of Indian Consulate and send it to India, which inturn has to be adjudicated in the jurisdictional District Registrar's Office.

3. Since the sale deed is not yet registered in your name, convince the Developer to agree to get the sale deed registered in either of your parents' name and if it's accepted, all these procedures, etc. , can be avoided.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

.  Without having title to the property you cannot transfer the same to anyone by any mode.

You cannot make a gift deed until and unless the proeprty has been registered on your name.

You have to wait for the property to be registered to your name after which you can issue another power of attorney deed in favor of your mother or father to  transfer the property to either's name by a gift deed.

1.  A gift deed cannot be made in a foreign country and the said attestation would not be valid.

You may have to execute the gift deed in India before the concerned sub registrar's office.

2. . Yes, you can read the above paragraph for more details..

3. Read the above paragraph which has anser to all such questions. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Firstly there is no connection between the builder not having received CC and the document not being registered

Even if the CC is not issued the builder has to compulsorily register the agreement for sale with the purchaser 

So it would be better if you get the agreement for sale between builder and you duly registered through your father who is holding a special POA from you (I assume there is a power in such POA to comply with registration formalities on your behalf)

In absence of a registered agreement, your title is itself defective and you will be passing on a defective title to your parent under the intended gift deed due to which they will face trouble in future at the time of selling that property 

So get the above done and then proceed to make a gift deed 

The gift deed can be signed by you before the notary public and then get authenticated the notorial act by obtaining a certificate of a Apostille. 2 witnesses also need to sign on the gift deed

Also make a separate POA in favor of the donee so that he or she can comply with registration formalities for the gift deed in your behalf. This poa also needs to be executed and apostilled as above

Send both the above documents duly executed and Apostilled as above to the donee by courier 

The donee has to then stamp both these documents for the applicable stamp duty and thereafter sign the gift deed thereby accepting the gift deed and get the gift deed registered using the POA. The donee has to sign before 2 witnesses to show acceptance of the gift

Yusuf Rampurawala
Advocate, Mumbai
6089 Answers
50 Consultations

5.0 on 5.0

1. You can not make a gift deed in India sitting on a foreign soil. Your POA holder on the basis of a proper POA can gift this to a person of your choice.

2. Once the POA is property executed and notairsed in abroad then after its Stamping/Adjudication the POA holder can act upon it in India.

3. same as above.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

Hello, 

  1. You cannot get a Gift Deed made in UK and attested at the Consulate as it won't be a valid document in India. It needs to be registered. 
  2. A PoA to your father would best suit the purpose of getting any registration done in India in your absence. 
  3. As the property is not registered, the property can get registered in the name of either of your parents when the builder receives CC. 

S J Mathew
Advocate, Mumbai
3183 Answers
134 Consultations

5.0 on 5.0

Hi 

1) Technically, though you are in possession of the flat, since the flat is NOT registered in your name, you are NOT the legal owner (technically) of the flat and hence you cannot execute a gift deed in favour of your father/ mother. 

2) So execution of gift deed is of no help because, you cannot execute a gift deed of a property as Section 122 of transfer of property act  warrants that the Donor should be the legal owner of the property. 

3)Also, registration of the gift deed is also mandatory under section 17 of Registration act as unregistered Gift deed is not legally valid in India. 

4) However , if you wish to transfer the property to your father / mother prior to receipt of sale deed from the builder, you can

a) for now execute a WILL in favour of your mother/father

or 

b) Execute a special power of attorney with right to sell and get the special power of attorney registered with registrar office later (After receipt of sale deed)

or

c) Execute a Gift deed now on a Rs100 Stamp paper and thereafter within 6 months(once you get legal ownership of property) you can register the Gift Deed 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2104 Answers
394 Consultations

5.0 on 5.0

Dear Sir,

1) You will first have to get the property registered in your name. Only after the property is registered in your name can you make a valid gift deed.

2) You will have to grant a POA in favor of any of your parent to execute a gift deed in favor of your father.

3) The POA will require attestation from the Indian consulate. 

4) For a gift deed to be valid it needs to be registered, signed by donor in your case the POA holder and attested by two witnesses. The gist deed will have to be made and executed by POA in India.

Thank you

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

Property registration procedure

1.you should make sure that you should submit documents to the office of the Sub-Registrar of Assurance under whose jurisdiction the specific property falls.

2.The authorized signatories for the buyer and seller should be present in addition to a couple of witnesses for document registration.

3Among the documents required for land registration, signatories are required to have their identity proof with them along with other documents required including PAN card, Aadhar Card or any other identity proof that has been issued by any Government authority. 

4.  Along with plot registration documents, you should offer the property card to the sub-registrar in tandem with the original documents and proof of the payment of stamp duty as well. 

5. two witnesses will have to present their identity proof to the sub-registrar including address and ID proof while their biometric identity may also be scanned.

6. the legal documents required for purchase of property will include all necessary documents including the PAN Card, Aadhar Card, identity proof by a Government authority, property papers, sale deed and agreement and power of authority if you are representing anyone else.

Some other documents that you will require

  • Sale Deed- Sale deeds are the most important documents since they establish ownership of title for any property. You should get the sale deed registered in the sub-registrar’s office of the area where this property is situated.
  • Extracts- The extract or Khata certificate is a necessary document for registration of any new property. I
  • Mutation Register Extract- This document covers Gram Panchayat properties and offers all information relating to earlier ownership. 
  • General Power of Attorney- This proves that an authorized person is working on behalf of the owner for purchase/sale of any property.
  • Building Plan Copy- Should be approved by the requisite government and statutory bodies.
  • NOC- There are various NOCs required by developers whenever any project is being constructed. Copies of NOCs should be kept with you.
  • Allotment Letter- A vital document, it shows the property description and details of the sum paid by buyers to real estate developers.
  • Sale Agreement- This document talks about the terms and conditions, payment plan, date of possession, specifications, details about facilities, common areas and so on. 
  • Possession Letter
  • Payment Receipts
  • Encumbrance Certificate- Proves that there are zero encumbrances, legal dues or any mortgages on the property being transacted.
  • Completion Certificate- This document is also vital and it proves that the structure has been built on the basis of the plan which has been approved.
  • Occupancy Certificate- The occupancy certificate is issued by the local authorities to real estate developers for establishing the fact that the building in question is fully ready for occupation and also certifying that the construction has taken place on the basis of plans which have been sanctioned.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

     

     

     

     

Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

Since you already have possession of property request builder to execute registered sale deed in your favour 

 

then execute registered gift deed in father name 

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

Since you have already decided to contact an advocate for this purpose,  he or she will be able to guide you to comply with the necessary formalities/process in this regard. 

If the agreement for sale was entered by you then it would not be possible to get the property registered on your father's name without cancelling the agreement. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

  1. Property can be gifted through properly executed and attested POA by Indian consulate. A POA cannot gift property to himself. So the if the POA is given to father he can gift to mother or vice versa.
  2. Transfer of property can be done only in the jurisdiction of sro where it is located. It can be executed through consulate.
  3. No transfer of property is valid unless it is registered. You can register a “contingent gift deed” that a transfer that will take place on happening of certain even in future. In your case it is receive of CC by builder and after that registration. As soon as that event takes the gift will become valid without any further procedure .

Ravi Shinde
Advocate, Hyderabad
643 Answers
7 Consultations

5.0 on 5.0

Section 21 of Transfer of Property Act, 1882 can be fruitfully referred.

Ravi Shinde
Advocate, Hyderabad
643 Answers
7 Consultations

5.0 on 5.0

1. you need to also register the gift deed.

2.yes POA will be required.

3. yes gift deed without registration is illegal and void

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

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