I'm an Indian citizen and own a residential plot, house on my name. My daughter is 3 year old US citizen with OCI card. Can I gift my property to my daughter. My daughter is currently in India now and I'm in USA. 1. Can my OCI minor child of 3 years can be given this residential plot, house 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. Can I myself be the legal guardian for her (I would prefer- if I can gift her and be her guardian after gifting her). If not, who else can be the guardian apart from my spouse- grand parents or anyone else? 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. Can I gift these properties to minor child (USA citizen with OCI- she is in India) while I'm staying in USA (I'm Indian citizen and staying in USA). 7. If yes, what is the process or documentation needed to get this done (My parents are in India and my daughter is staying with them currently). 8. Any other things to consider or be watchful for getting this done.
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You can execute gift deed in favour of your daughter of your residential plot and house
2) guardian on behalf of minor should accept the gift
3) you can be your daughter legal guardian
4) minor PCI can get PAN Card
5) Only the parents, guardians, or representatives can apply for a PAN card on behalf of a minor. To make this process more accessible, the government offers this service via online and offline modes
1. Yes but child shall act through its guardian.
2. yes.
3. Yes. Since child is of 3 years so guardianship will vest with mother only who as per law is the natural guardian of child till the completion of 5 years of age. If mother is not alive only then father can be natural guardian for child under 5 years of age of child and after completion of 5 years father is the natural guardian.
4. For gift, your daughter does not require PAN card. Till attaining majority, child has to act through its guardian appointed through court.
5. No.
6. Yes.
7. Gift deed, registration of gift deed, taking and handing over of property and performance of rituals. Appointment of guardian who can represent and act for minor child.
- A non-resident Indian (NRI) or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial.
- Further, the RBI's permission is necessary, if the inheritance results in favour of a citizen of a foreign state, who is a resident outside India
1. Since, she is an OCI , hence you can transfer the property to her by way of a registered gift deed.
2. Yes, a minor cannot enter into an agreement , hence the property would be registered in her name under a natural guardian i.e. mother.
3. Being the executor of the gift deed , you cannot be a guardian for the said purpose , and hence it should be her mother.
4. PAN card not required for these purposes , and her passport can served the purpose.
5. You can apply online for getting PAN card.
- Under Section 160 of the Income Tax Act, there is no age limit for availing of a PAN card. Thus, even minors are eligible for a PAN card.
6. Yes
7. If you are in USA , then you can give POA to your father for registering the gift deed on your behalf
8. The said POA should be notarised as per rule of US ,and attested from the consulate of India.
1. Yes she can be gifted with the immovable property but her mother and natural guardian shall be appointed to receive the property on behalf of the minor child.
2. The stamp duty for the gift deed should be paid by the donor and not the donee, the guardian for the minor donee can receive the property on behalf of the minor donee.
3. The legal and natural guardian is either of the parents of the child.
4. Section 160 of the Income Tax Act states there is no minimum age for PAN card application. PAN cards may be obtained even for children under the age of five, and they serve as permanent identification evidence regardless of name or residence changes.
5. You can apply for PAN card for minor as its guardian.
6. Yes.
7. You can give a POA deed to your parent to execute the registered gift deed in India.
1. Yes, you can give the residential plot and house to your minor OCI daughter of 3 years via registered Gift Deed.
2. Yes, minor can't enter into contract and the minor has to be represented by a Guardian, preferably natural guardian.
3. You would be the apt person, as you are natural guardian to your daughter. If you can't be present in India, your wife can represent her daughter. Grand parents or anyone else can be appointed as a Guardian.
4. Yes, your minor daughter can obtain
PAN Card through online.
5. Same as Sl. No. 4.
6. You can gift the property to your minor daughter in India while you are in US by appointing an Agent/Attorney in India through POA.
7. You can take the services of a local Lawyer in India to prepare and get it registered in the jurisdictional Sub Registrar's Office in India.
Dar Client,
It is possible to transfer ownership of a residential plot and house to your minor OCI daughter, who is only 3 years old, through a registered Gift Deed.
It's important to note that minors cannot independently enter into contracts, so the minor must be represented by a Guardian, preferably their natural guardian.
In this case, you, as the natural guardian of your daughter, would be the most suitable person to act as her representative. If you are unable to be physically present in India, your wife can step in as the guardian. Alternatively, grandparents or another trusted individual can also be appointed as a Guardian.
Your minor daughter can indeed obtain a PAN Card through an online application process.
The process for obtaining a PAN Card for your minor daughter remains the same as mentioned in point 4.
Even if you are residing in the US, you can still gift the property to your minor daughter in India by appointing an Agent or Attorney in India through a Power of Attorney (POA).
To execute this transfer, you may engage the services of a local lawyer in India who can assist in the preparation and registration of the Gift Deed at the appropriate Sub Registrar's Office within the jurisdiction.
Yes.
Yes it can be transferred. But for minor it needs a guardian
PAN Card will not be required if she is us citizen
