Hi My ex-wife and I got separated about a year ago. We are divorced and had property settlement completed in Australia. As per Australian Court orders, my ex-wife has to transfer her title of Indian apartment in Vadodara, Gujarat to my name. Currently, the property title includes both are names. We are both Australian Citizens. Could you please guide me through the process of property transfer for Australian Citizens in Gujarat? I was advised that she needs to provide a Power of Attorney to someone in India for the transfer to occur or she would have to personally go to India to complete transfer? Could you provide me with any legal link with all details of the process of property transfer in India for foreign citizens? Kind Regards
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Your ex wife can come down to India execute gift deed or relinquishment deed on your favour
2) if she cannot come she can execute specific POA in favour of family member to execute gift deed or relinquishment deed
4) POA should be attested before Indian consulate
She is refusing for both. She stated she does not trust anyone to provide POA. How long does it take for the whole transfer if she visits India and complete it?
This website does not allow any forwarding of link but you can refer to “RBI/13-14/4 Master Circular No. 4/2013-14(Updates as June 25, 2014). As OCI both are entitled to transfer immovable property in India to each other. It can be done through executing a SPA from Australia. At least the transferer of transferee should be present in India for registration of such property. It is not possible for both to be get it done from abroad. In your case as a transferee you can execute a Special Power of Attorney in favor friend/relative giving him power to accept and sign transfer deed on your behalf. Execute a SPA on 100 stamp paper or even on a white paper enclosing Form 32A. Get the SPA attested by Justice of Peace/Indian High Commissioner and sent the same to person named. He will submit the same to District registrar of the District and get validated by obtaining his seal and signature. Validated SPA has to be produced before Sub-Registrar, who will all SPA to sign as transferee on deed of transfer with transferer signing it as executant. Whole process will not take more than one week.
It should not take more than a week
Hi, Ask your wife to execute the General Power of Attorney in respect of her share of 50% in favor of you and on the basis of the same you can transfer the property by virtue of Sale in your favor of any third parties.
Your ex-wife can transfer her share in the proeprty to your name as per the orders of the Australian court as a part of the divorce decree.
For this she may either be physically present before the registrar office concerned or she can execute a special power of attorney deed in favor of any relative back in India to carry out the task on her behalf
She can transfer the property by executing a registered gift deed alone and not be a release deed.
Besides you have to be physically present before the concerned registrar's office or through another power of attorney representing you to receive the gift deed of her share in the property.
If she would like to transfer it physically by her physical presence then you can arrange to keep all the papers ready so that she can visit the registrar's office on the day fixed and she can return on the same day once the task is completed.
It will not take more than a day if all other things are alright.
Dear client, in this case you can enforce the foreign award in India under Section 13 of cpc. Moreover, your wife may create General power of attorney agreement and continue with the process and similarly you can also do that.
Both of you may not visit India for this purpose.
It can take 3 to 4 days if al documents are already in. Place
