Your father can request you to loan him x amount and undertake to repay loan within stipulated period 

2) transfer funds to your father 

3) if father is unable to repay loan he can execute sale deed in your and your wufe favour 

4) not necessary to do loan agreement before hand 

1. in my view no need of doing any sale deed as it will attract stamp duty and registration fee

2. the funds received by a father from his son are exempt from income tax in the hands of the recipient [ie the father] - see s.56 of the Income tax act, 1961, as far as i can recollect

3. once the flat is ready the father can make a gift deed in favour of the son and his wife which would attract lesser stamp duty 

1. A direct sale is not feasible as the floor to be given is yet to be ready. You can certainly execute a registered sale agreement and register it paying agreed sale consideration in full or part. There is no any restriction on such payment. But you have to pay stamp duty on the amount paid and the amount of stamp duty paid will deducted at the time the registration of sale deed. A sale deed can be registered through SPA executed abroad and attested by Indian Consulate/Embassy/High Commissioner in favor of relative or friend. Such relative/friend can appear on your behalf before Sub-Registrar for registration.
2. There is no restriction on remitting sale consideration through normal banking channels. Payment for acquisition of property can be made out of:
3. Funds received in India through normal banking channels by way of inward remittance from any place of India or
4. Funds held in any non-resident account maintained in accordance with the provisions of the Foreign Exchange Management Act, 1999 and the regulations made by Reserve Bank Of India from time to time.
5. Digital signature can be registered from abroad within a week, it does not cost more than INR 1K. But only agreement for sale can be executed through digital signature, registration cannot be done.
6. English mortgage.—Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.
7. You can also go for English mortgage. Father binds himself to repay the mortgage-money on fixed  date, and transfers the mortgaged property absolutely to the you, but subject to a proviso that you will re-transfer it to father   upon payment of the mortgage-money as agreed. This transaction can also be completed through GPA.

1.  The construction of property is yet to begin, hence you can enter into a sale agreement with your father to purchase a flat as promised by him in return of the funds you had provided him.  Sale deed for non existing structure is not valid. Alternately you can lend the money and evidence that by entering into a loan agreement or obtain a promissory note, so that you can proceed at a later stage as per the oral promise to get a flat registered on your name in lieu of this loan amount.

2. The answer for this question is given above.

3. The unregistered sale agreement is not enforceable in law especially in case of a dispute in this regard, you may not be able to get the flat registered if he refuses.  

Hence you and your wife can give a power of attorney deed in favor of any close relative in India to enter into the sale agreement with your father which can be registered through your power agent itself to make the sale agreement valid in the eyes of law.

.4   You can decide about the quantum of money to be transferred to him based on the market value of the property desirous to buy.

5. Do not transfer the funds on the basis of gift just to avoid stamp duty in the context of the registration of the sale agreement.

A registered sale agreement would protect your interest and a safety for the funds you have transferred to your father.

If there was no problem foresaw in this transaction, you would not have got any doubt about this transfer, hence in order to safeguard your money and also to secure the desired flat at a later stage, it is advisable that you enter into  a sale agreement with your father and get it registered through your power of attorney agent so that the sale agreement is recognised as a legally valid document for all future needs. 

1. During the construction and non-existence of the first floor , a sale deed execution will not valid , hence at the time of paying the amount to him , you can enter into an agreement with him , where he will undertake to execute the sale deed in both of you favor . 

- He can execute Gift deed as well for saving the stamp duty and tax , however sale consideration amount cannot be mentioned in the gift deed.

2. Since, you both are residing abroad , then you can give POA to any relative or nearest one to enter into an agreement with your father on behalf of you. 

- This POA should be notarized as per rule of Germany and also attested from the consulate of India. 

- You can send amount to your father , and there will not be any tax implication 

3. Reply No.2

4. As per law, an NIR /OCI can purchased residential or commercial property , and hence you can send him the consideration amount or as fixed 

1. Gift deed, family settlement deed is also a solution

2. Yes  but it's not only a way

3.yes it will take some time 

4. Depends

Dear client there are two ways.

1st is gift deed.

2nd is sale based on the money you have transferred to him.