Stamp duty is state subject and varies from state to state 

2) if stamp duty on gift deed is less then best option is to go in for gift deed 

3) you can execute POA in favour of brother to execute gift deed in favour of mother 

4) POA should be attested before Indian consulate 

5) POA is sufficient 

6) gift deed may be made to any person, where as a settlement deed is  mostly made in the favor of dependents. Also, gift requires an acceptance, whereas a settlement does not. Gift deed may be revoked on happening of specific event but settlement deed is final and binding on parties 

Hello Nirmal,

As you mentioned all your issues in detail, however, the answer to all your questions is simple: follow the relinquish deed and its cheapest expenses.  Because here, you two siblings are transferring title rights to your mother's name.

As the property title is going to transfer from ancestral and parental property.

A relinquishment deed is a document made to transfer the share of an inherited property from one co-owner to another. You want to transfer your share of the inherited property to your mother, i.e., the other co-owner of the property.  However, in the future, if you or your brother want to cancel the relinquishment deed, the way to do so is to go to court. However, on the other hand, a release deed, in general, cannot be revoked.

Gift deeds and settlement deeds are totally different for ancestral property, where you have to pay stamp duty and registration charges. Whereas in a relinquishment deed, there are very normal charges for registration.

1. Relinquishment and the release deed is one and the same.

Release deed or Family settlement deed will be a proper option.

They are suggested as the best option and in terms of the stamp duty payable, it would be the most economical one.

Since it is a transfer within the blood relatives, the stamp duty payable will be less when compared to gift deed and sale deed. 

2. a) Perhaps the opinion given by them are not proper 

b)  Gift deed is a different subject, which can be executed by anyone to anyone, whereas the settlement deed can be executed within family members only.

c) Stamp duty in settlement deed is lesser when compared to gift deed.

3.  Whatever mode of transfer you may choose, the deed has to be executed only in India and not in a foreign country when the property is situated in India and that too nit should be executed within the jurisdiction of the sub registrar within whose jurisdiction this property falls.

4. That is a good idea and it is perfectly proper provided the said POA is adjudicated by the sub registrar concerned.

Execute release/Reliqushment deed or gift deed which ever attract lessor stamp duty in favor of mother.

Yes but it should be POA and sane should be registered 

Dear client,

1. You shall prepare a Gift deed on a stamp paper attested by two witnesses, and register it with the registrar's office.
2. a) There is a difference in opinion of gift deed and settlement deed because a settlement deed is prepared in cases of divorce, inheritance or property disputes whereas a gift deed is prepared when owner of the property gives his or her right in property to other person 

             b) A gift deed is a legal document used to transfer ownership of property without any monetary consideration and as a voluntary gift from one party to another. However, a sale deed is a legal document used to transfer ownership of property in exchange for a specified monetary amount, representing a sale transaction.

              c) In your case the suitable deed will be gift deed as there is no dispute for the property between your brother, mother and you. It is decision to give up your rights on the property.

          3. If you are an OCI card holder of USA then as Hague Convention no certification from the Embassy is required. 

          4. Yes, PoA appointed by you who is valid and accurate can sign on behalf of you.

Hope this helps you.

- As per law, after the demise of your father intestate, his property would be devolved upon all the legal heirs equally i.e. you each will have 1/3rd share in the property. 

1. You can transfer your respective share in the name of mother after executing a registered Relinquishment deed.

2. Since, you are releasing your share in the property , hence it should be through Relinquishment deed.

3. You can give POA to any relative in India to execute the said deed on your behalf. 

4. The said POA should be notarized as per rule of Canada, and attested from the consulate of India. 

- Since, you are releasing your share in favor of mother , then the said POA for this purpose will not serve .