• Gift deed from grandmother to grandson living abroad

I have a some ancestral property in Himachal Pradesh, India. They wish to gift the property to me and I live outside of India (Netherlands) right now. It is impossible for me to travel to India in light of the current pandemic and travel ban to India. What is the right way of working in the legal frame work to facilitate this?
Asked 9 days ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

20 Answers

A gift deed should be made and executed by the donor. You should take possession of the property by appointing a person as your manager/ caretaker of the property through a registered PoA. That would complete the formalities.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

The gift deed will state the details of the property and the details of the donor and the donee. 

A separate PoA has to be made for a person in India.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

If your grandmother wants to gift the property to you, you first get a will made and registered with Registrar of the district. 

Secondly, there is a provision in the Registration Act, where property is conveineced then first is Execution of Documents second is Registration. 

Your Grandmother can take that document before the Registry office and produce the papers and declare that she wants to gift the property to you the documents contain your name and also your ID 

She will execute before the Registar and Registrar will record a reason in his register that due to unavoidable situation second party or beneficiary could not appear and then will register it. 

Those documents can be completed by you once come to India and visit the Office of Registrar again and prove you are the beneficiary. 

That time your grandmother presence will not be needed 

 

However this is not the normal Practise, thus most of local Advocate might not have the knowledge of the same, not this practise is normally practised by the Registrar. So you need to take time and make them understand the law and what you want. 

All you need to say is Single Partite Gift Deed 

Amol Chitravanshi
Advocate, Delhi
253 Answers
1 Consultation

4.0 on 5.0

You can execute a power of attorney deed  and get it attested by a notary pubic of the country of your residence or by an official of the Indian embassy/high commission, in favor of your close relative in India, send this deed to him who shall get it adjudicated before the sub-registrar concerned where the property is situated.

The power gent would be able to accept and  receive the gift on your behalf on the basis of the power of attorney deed in his favor and sign the registered gift deed before the registrar on your behalf. 

This will complete the task.

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

The gift deed will contain the names of the donor and the donee, i.e., your name as donee and the person who donates this gift to you  as a donor.

The power agent's name will also appear in the registered gift deed as a representative of you to accept the gift deed and sign the registered document on your behalf.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

You can execute a Power of Attorney in favour of someone you know (a friend or a relative), attested by the Embassy of India in Netherlands, so that he/she will make the registration at the Sub-registrar office and subsequent mutation at the revenue department possible.

Muraleedharan R
Advocate, Trivandrum
22 Answers

5.0 on 5.0

Grandmother can execute registered gift deed in your favour 

 

2) According to The Transfer of Property Act, 1882, acceptance of gift must be made by the donee during the lifetime of the donor and while the donor is still capable of giving the gift. If the donee dies before accepting the gift, then it is void.

Ajay Sethi
Advocate, Mumbai
82097 Answers
5157 Consultations

5.0 on 5.0

Your name would be mentioned as donee 

Ajay Sethi
Advocate, Mumbai
82097 Answers
5157 Consultations

5.0 on 5.0

1. You can execute a Power of Attorney in favour of a blood relative, including your grandmother. The POA has to be countersigned by an official of the Indian Embassy/Consulate and sent to India for adjudication and after it's adjudication, it will be legally valid. 

2.  The person appointed by you as your Agent in India through POA will represent you in the jurisdictional Sub Registrar's Office and sign on your behalf to accept the Gift as Donee from your grandmother, Donor. After this procedure, you will become owner of the gifted property.

2.  Here, two documents have to be prepared, one is POA and the other is Gift Deed.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

Dear Sir,

 You may approach Indian local advocate for drafting gift deed and special power of attorney. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 on 5.0

You can give a notarised PIA from abroad in favour of a near relative in India so he can represent you in India while registering the gift deed. 

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is a gratuitous and inter vivos in nature. Gift Deed is a legally binding written document defined in Section 122 of the Transfer of Property Act, 1822, through which the donor can transfer an existing movable or immovable property to the donee voluntarily.

A Gift Deed is valid only if it is given out of love and affection, without any consideration in return by one family member/ friend to another. Also, under Section 17 of the Registration Act, 1908, it is mandatory to have a registered Gift Deed when you want to transfer immovable property.

Also please understand ;

A donor is a person who makes the transfer of immovable property. Any person who is of sound mind and is competent to enter into an agreement can be a donor. A minor cannot be a donor as he/she is not capable of entering into a contract. 

A donee is a person who accepts the gift/transfer made to him. A minor can be a donee however, the gift would have to be accepted by donee’s guardian on behalf of the donee. In case of the onerous gift (gift attached with some conditions), a minor after attaining adulthood, can either accept the gift or return it.

So in your case, your grandparents can register the  gift deed in favour of you. As per S. 123, if the gift is of an immovable property, the gift deed must be registered and attested. The gift of a movable property can be effected by registration or by delivery of the property. So your acceptances is important for valid gift.without acceptance the Gift Deed is null and void

Ajay N S
Advocate, Ernakulam
3790 Answers
81 Consultations

5.0 on 5.0

If you are Indian citizen and only for work went to abroad then can ask them to a make a registered WILL on your name, so no need to you come to India. For gift deed you have to present here for registration.

Ganesh Kadam
Advocate, Pune
12005 Answers
128 Consultations

4.9 on 5.0

Dear sir,

if you near ones want to perform a gift deed, they can easily do so. since it does not require you to be physically present and since no consideration is to be given by you in return, the gift deed can be easily executed. but with regard to the registration of gift deeds under section 17 of the registration act, it is mandatory to get the gift deed registered. conversely, under section 123 of the registration act, an unregistered gift deed is invalid.

once the gift deed is registered, you can file for a mutation of the deed. if you are not in India, you can give POA to anyone who is capable(in the eyes of law) to perform the mutation process on your behalf.

  • 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
1125 Answers
10 Consultations

5.0 on 5.0

- Firstly you should know that one having no right to transfer the ancestral property without taking consent from other legal heirs

- Further, if they got the said property share from ancestral property , then it will considered as self acquired property of that person who has received as share .

- However, if you are unable to travel India , then you can execute a notarized POA in favour of any relative or nearest one in India , and further attested it from the India Embassy in Netherlands. 

- Further that POA holder will appear before the Registrar on your behalf , but the said Gift deed will contain your details.

- Gift deed is just like Sale deed without mentioning the value of the property. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

Dear sir, 

the advocates of every state have a format to draft a gift deed. it holds the name of the transferor, transferee, about the property, etc. please contact your nearby lawyer for the same.

remember- once the mutation is to be performed, you are required to pay around 10% of the evaluated amount of the property to the state government.

  • 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
1125 Answers
10 Consultations

5.0 on 5.0

1. If you are still an Indian Citizen or hold OCI Card then you are eligible to acquire title of the property through gift deed.

 

2. However, while registering the said property as gift, you shall have to appear before the Registrar and append your signature on the gift deed as a token of your having accepted the said gift.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

1. The Gift  shall have to be accepted by Donee for which he shall have to sign the gift deed establishing that he has accepted the said gift as otherwise the gift deed will be considered as invalid as per law.

 

2. On receipt of the property after the gift deed is registered, you can appoint a care taker to take care of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

you can draft the gift deed through a lawyer and get it registered in the place where the property is situated in case of immovable property. You can use POA option if you yourself cant come physically

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

Appoint an agent on your behalf by issuing him a power of attorney. You agent will perform the formalities on your behalf in the execution of this gift deed.

 

To issue the poa, you will not have to come to India. Take help of a local lawyer and the Indian Embassy in Germany. 

 

 

Vibhanshu Srivastava
Advocate, New Delhi
9180 Answers
189 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