• Gift deed to minor foreign citizen with OCI card living abroad

My wife, my 4 year old daughter and myself are all US citizens now. 
My minor daughter has OCI card but my wife and I do not have OCI card.
We visit about a month per year to India.

My mother wants to gift deed her apartment where she is currently living now to my daughter.

1. Can OCI minor child of 4 years can be given this apartment via gift deed?

2. Does this require OCI minor to have a guardian to handle property registration, paying property taxes, paying water bills etc. on her behalf? 

3. I am US citizen but not OCI holder, so can I be her guardian for this matter in point 2 above, while I am US citizen without OCI. (unfortunately my mom cannot be guardian due to health reasons etc.)
Or does it require me also to hold OCI to be a guardian on my minor daughter behalf for this matter?

4. Does my daughter need a PAN card in India to help in hold/manage this property? For sake of paying property taxes, water bills etc. that come to property owner, or maybe in future rental income. 

5. Can OCI minor get PAN card? can it be obtained online or need to be applied while physically in India?

6. Is it possible for my minor daughter US citizen with OCI, get a NRE or NRO bank account in India? To facilitate tax and bills payments etc.? We only visit India once a year and don't live in India as a resident.
Asked 3 days ago in Property Law
Religion: Hindu

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9 Answers

For your all queries answer is for any minor gift deed or to open NRE Or NRO account guardian will be compulsory, till she becomes major age.

Ganesh Kadam
Advocate, Pune
12601 Answers
205 Consultations

4.9 on 5.0

1. Yes,  it can be transferred in the name of minor child but under guardianship of it's parent to accept the gift deed on behalf of the minor child. 

2. Yes. 

3. As a guardian you or your spouse can accept the property as gift on behalf of your minor child. 

4. The PAN or AADHAR CARD is not necessary now. 

5. It can be applied online. 

6. Yes you can get them on her behalf. 

T Kalaiselvan
Advocate, Vellore
79875 Answers
1667 Consultations

5.0 on 5.0

 

 

1) minor can be gifted property vide gift deed 

 

2) In case, if the donee is a minor, a natural guardian can accept the gift on behalf of the minor.

3)  According to the Income Tax Act, the minor's parents or guardians can apply for a PAN card on their behalf. For papers, the evidence of address and identity of any of the minor applicant's parents or guardians shall be deemed the minor applicant's proof of address and identity.

 

4) PAN Card can be applied online or offline 

 

 

Ajay Sethi
Advocate, Mumbai
89705 Answers
6487 Consultations

5.0 on 5.0

You can act as guardian as you are biological father of child 

Ajay Sethi
Advocate, Mumbai
89705 Answers
6487 Consultations

5.0 on 5.0

Being the father of the minor child you are the natural guardian to your minor child. 

Therefore there's no legal infirmity for you to take care of your minor child's property during his minority. 

T Kalaiselvan
Advocate, Vellore
79875 Answers
1667 Consultations

5.0 on 5.0

1.  Yes, the apartment can be Gifted to a minor child of 4 years through Gift Deed. The gift will be accepted by the Natural Guardian,ie., Father of the child.

2.  Yes, it requires a guardian to look after the affairs of the minor child.

3.  Even though you do not hold OCI card, you can still be guardian to your child.

4.  Yes, your minor daughter has to obtain PAN Card.. The Guardian has to apply for it, on her behalf.

5.  Yes, OCI Minor can obtain PAN Card. It can be obtained online as well as applying physically.

6.  Yes, it's possible -represented by her guardian.

7.  As a foreign citizen parent you can act as natural guardian to your minor child, who holds OCI Card, for the purposes of registration of Gift Deed, etc.

Shashidhar S. Sastry
Advocate, Bangalore
4449 Answers
262 Consultations

5.0 on 5.0

Yes, you can act as guardian no matter whether you're NRI, OCI etc.

Ganesh Kadam
Advocate, Pune
12601 Answers
205 Consultations

4.9 on 5.0

Dear client,  It is allowed under the FEMA provisions, however, the gift will be taxable in the hands of the NRI recipient (if exceeding INR 50,000) under the Income Tax Act.

Anik Miu
Advocate, Bangalore
5747 Answers
59 Consultations

4.9 on 5.0

No need of her pan you can do the gift for her

Prashant Nayak
Advocate, Mumbai
28503 Answers
100 Consultations

4.4 on 5.0

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