• Gift Deed

Dear Adovocate , 

I have a property In Jammu ( Land ) Which i want To Gift to my mother .



We are Not In jammu Presently , We are staying in united arab emirates .

What is the best Option to do that without Coming to india .

My mother stays with me In UAE .
Asked 11 months ago in Property Law from United Arab Emirates
Religion: Hindu
1) you can execute power of attorney in favour of relative have it attested before Indian consulate 

2) your relative can submit POA for registration I india 

3) POA  can register gift deed in favour of your mother in Jammu 
 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1) your uncle can prepare POA on stamp paper and send it to you in UAE . You have it attested and send it back to your uncle who can submit it fir registration 

2) your uncle can execute gift deed in your mother favour in Jammu . Your mother should remain present at sub registrar office for acceptance of gift 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. You can get the Gift Deed executed at UAE and get it registered before the local Indian Consulate,

2. Indian consulate has appropriate officers earmarked for the said purpose of overseas registration, notarisation etc. 
Krishna Kishore Ganguly
Advocate, Kolkata
12136 Answers
233 Consultations
5.0 on 5.0
1. For registration of any document including POA, both the executor and executee, vendor and vendee, donor and donee shall have to be present before the Regiatrar for apending their signatures on the Register otherwise no Registration can take place,

2. Such Registration of POA executed overseas is done before the Indian Consulate,

3. When you are going to the Indian Consulate for registration, then why do you register the POA in favour of your Uncle and send him to India for registering the Gift Deed in favour of your mother who is in UAE? You can straightway register the said Gift Deed at UAE Indian Consulate itself as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12136 Answers
233 Consultations
5.0 on 5.0
You can execute a Special Power of Attorney in favour of your any relative in India specifying the beneficiary as well ,in the  POA. Your POA then can execute a gift deed as desired by you by registering the same before the Registrar/Sub-Registrar. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. You are required to execute a gift deed in her favour. Since you are unable to come to India you can execute a limited power of attorney in favour of any of your relatives to authorize him to execute the gift deed in favour of your mother for and on your behalf. However, the donee i.e your mother or her authorized attorney will be required to personally appear before the registrar for the registration of gift deed.

2. The POA in favour of your relative should be got attested at the Indian Consulate. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, As the both the parties are reside in UAE so it is very difficult to give GPA on both parties so it is better  both of you come to India and execute the Gift deed.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A power of attorney is an authority given by one person to another, authorising him to act on his behalf. According to the Power of Attorney Act 1882, power of attorney 'includes any instrument empowering a specified person to act for and in the name of the person executing it'.

A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property. Registration of power of attorney is optional In India before 2009.But after the Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another. The nature, scope and execution is redefined.Compulsory registration is effected from December 2012 on wards. 

So You have to prepare power of attorney and attested in the embassy .
STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well.Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India. and adjudicate the same before collector or district registrar.

(Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months)
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
We are Not In jammu Presently , We are staying in united arab emirates .
What is the best Option to do that without Coming to india .
My mother stays with me In UAE .

If you want to transfer your property to your mother you can do it by executing a registered gift deed in er favor.
If you cannot come to India, then you can execute a POA deed to any of our relative in India who  in turn can execute the gift deed in her favor.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
for instance i make POA in the name of my uncle here In uae .
send it to my uncle in jammu ( India )
He will submit For Registration in Jammu .
After Registration of POA , he can gift it to my Mom . without her Presence in India .
If you desire to execute a POA while in UAE, you may draft the same in UAE, get it notarised by a Notary in UAE or attested by an official of Indian High commission or Indian Embassy at UAE,  in favor of a relative either living in India or else where, let the agent carry the sealed cover containing the POA to the concerned registrar's office, let the registrar open the sealed cover and the agent sign on the notarised POA deed in the presence of Sub-registrar. Then the POA can execute the desired gift deed in your mother's favor.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
you can prepare gift deed and get it registered in Indian consulate. Indian  consulate is empowered to registered any document on payment of requisite fee and it is admissible in court. No need to come India for only this purpose. You need stamp paper, 2 witness for the attestation of deed. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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