• Including son's name in the property with father

Dear Sir / Madam . I need your expert advice. My father owns ancestral home in India. He has given me a power of Attorney which allows me to act on his behalf including executing sales deed and managing any financial affairs. Currently the house is in my father name.

What I need to know is I would like to use this power of attorney to include my name along with my father in the property, so that both our name (father and son) is included.

Could you please advise me on what:

1) The procedure is for including my name as well.
2) Do I need to pay stamp duty or any tax?
Your advice would be greatly appreciated. Regards.
Asked 9 months ago in Property Law from United Kingdom
Religion: Muslim
The POA needs to be perused threadbare to know the ambit and scope of the authority conferred on you. If the authority is to only sell the property for and on his behalf then you cannot claim joint title to the property unless a relinquishment deed is executed by your father. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You are silent as regards the number of other legal heris which your father have.
2. if that is so then they have got equal rights over the proeprty along with you and hence it would be wrong to get your name to be recorded excluding others.
3. if you manage to do this anyway then the same cna be challenged as being a POA holder you will be ding something which conflicts your duty which is not permissible under law of agency.
4. The law of agency makes it clear that the attorney can not transfer the property of the principal in his own name as the same is conflicting of his interest in the agency.
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
1) is the power of attorney registered


2) for sale of property registration of power of attorney is required

3) stamp duty would be leviable on sale deed or gift deed executed in your favour 

4) sale or gift deed would be required to be registered . 

Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
currently your father is the sole owner of the said property, being one, he has authorized you his son to look after the property, including sale of the property on his behalf.
now it is your wish to include your name along with his as owner of the properties owned by him, the GPA does not authorize you to do this.
If you wish to become the joint owner along with your father then he must execute a Gift Deed or release deed or relinquishment deed, releasing, relinquishing or gifting away 50% of his share in these properties in your favour absolutely only then your name will be included along with his name as joint owners of these properties.
stamp duty and registration fee payable is very minimal.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. Let your father execute a 'Gift Deed' in your favour either for the entire property or for 50% of the property in the jurisdictional Sub-Registrar's Office and by doing this you will become the absolute owner if he gifts you the entire property or you will become Joint Owner of the property along with your father if he gifts you the 50% share in the property.
2. The Stamp duty for 'Gift Deed' differs from State to State. In Karnataka the Stamp Duty towards the 'Gift Deed' is around Rs.1000/- only.  Since you have not specified the location of the property, it is difficult to let you know the exact stamp duty.  
3. Regarding Capital Gains Tax, you have to reinvest the proceeds you received as a Seller/Joint Seller, as the case may be, on a residential property within 3 years.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
You said that your father has executed GPA in your favour.  But you have not mentioned that whether that is registered or not.  If the GPA is registered before Sub Registrar office, then you have power to gift the house in favour of any person or in your favour. 

If you want the house to be registered in your favour, the Donor will be your father represented by you.  In the Donee column your name will be mentioned.  For both Donor and Donee you alone should sign.  That means on each and every page of the Gift Deed, you have to put two signatures, one in the capacity of Donor as GPA Holder and One in the capacity of Donee. 

As you are Muslim by Caste even oral gift is valid.  But to avoid future legal complications, it is better to get the gift registered before Sub Registrar Office. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. How can you include your name with that of your father as owner of the said home? To be the joint owner of the said home there shall have to a conveyance deed transferring some part of the property in your favour like gift deed, settlement deed or sale deed,

2. Once such transfer deed is signed and registered, your name can be added as joint owner of the house along with your father,

3. You can execute and register such gift deed, settlement deed conveying part of the property in your name since you already have the POA in your favour to deal with the said property,

4. You shall have to pay for the appropriate stamp duty and registration fee for executing and registering the said deed of conveyance in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Could you please advise me on what:

1) The procedure is for including my name as well.
2) Do I need to pay stamp duty or any tax?

You have stated that it is your father's ancestral property then you too have a share in your father's share of property.  If that is the case your father cannot give a power of attorney deed for the entire property.
However it can be understood that you have misunderstood that this property to be ancestral property without knowing how this property could become ancestral.
However the question now is about both the names to be included in the property. For that your father should execute a settlement deed settling half share in your name, then you both can be joint owners of the property.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1) it is better that as holder of power of attorney you do not execute gift deed in your favour 

2) you can execute it in favour of family member 

3) if you do in your favour it may cause legal complications 

4) it is better your father executes  gift deed in your favour have it stamped and regd.

5) it shoukd be done in presence of 2 witnesses 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
If the GPA deed authorised you to execute a gift deed in anyone's favor you can very well go ahead.  Generally the GPA deed will authorise only sale and sale agreement, hence go through the contents that if there is a specific mention about execution of gift also in the GPA deed, then you can execute the same in your favor as a agent on behalf of the principal to the donee and can also get the ratification for the same from the principal later on.
If the execution of gift deed has not included and the clause is silent about it then you may not be able to do the same in your favor on anyone's favor.  
The applicability of stamp duty i n Diu can be confirmed locally because the same differs from one state to another. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. You are the POA holder of the property,

2. It means that you are authorised to to deal with the property with in the frame work of the Authority given to you vide the said POA by your father, and any authorised act done by you being the POA holder while dealing with the property will be binding on your father being the executor of the said POA,

3. So your father (through his POA holder being yourself) can execute and register a gift deed conveying the title of his property in favour of any body including yourself.  
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
I can speak only for myself and not others. My answer remains what I originally posted, without perusal of the document in question I cannot answer your query with the amount of exactitude that you want.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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