• Gift Deed of my property in Pune to my daughter in Canada

Madam, I own a flat in Pune valued at 1 Cr plus. I wish to gift it to my daughter who is a Canadian citizen. I am aware that I can execute a gift deed to PIO which she is and that I have to pay 2 % stamp duty etc. Will she be able to sell it later (say after 5 years). Can she work on this through a Power of Attorney since it will be difficult for her to come to India often. If how and where the Power of Attorney  should be executed?
Asked 4 years ago in Property Law from Pune, Maharashtra
Yes she can give a Power of attorney to someone in india to sell the same and do things regarding all things to sale.you will gave prepare a power of attorney and send it to her and she can sign from there and get it attested by conciliate there or embassy and then return it back to india and then you get it attested by a notary.if you can give details will prepare and send you.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

1. A transfer of immovable property is possible through POA if the same is registered one.
2. If the Principal is a foreign citizen/resident then he can execute POA from his country of residence and get it notarised and attested from local Notarian and Consulate Officer.
3. The same then is required to be Adjudicated from local Collector.
4. Then on its basis the attorney can get or transfer immovable property.

So in your case the POA can be executed in Cana in the above mentioned manner and then sent to INDIA for doing the rests.
Devajyoti Barman
Advocate, Kolkata
13164 Answers
175 Consultations

5.0 on 5.0

1.yes, she can sell that gifted flat later.

2.yes, she can sell said  flat through POA.

3.POA can be executed in canada  and attested by consultate office in canada and then sent to concerned person in india who has been made POA.said POA can then sell said flat in india.

reply to corollary; no is the answer.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1) you can gift property to your daughter by registered gift deed . 

2) your daughter can execute POA for sale of said flat . 

3) POA can be executed in Canada by your daughter and attested before indian consulate for sale of flat 

4) once gift deed is executed your daughter would be absolute owner of the property . she can after period of 5 years give you POA for sale of property
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

1. If you are the absolute owner of the flat then you may unquestionably gift the property to your daughter who is a Canadian citizen. The required stamp duty will have to be paid on the gift. Your daughter can give a special power of attorney to some one to represent her during registration of the gift deed, this does not require her to be physically present in the office of the registrar.  

2. Your daughter may later on sell the flat through a power of attorney. Power of Attorney (PoA) will have to be executed in Canada and then got attested before the Indian consulate therein. Thereafter it can be sent to the attorney in India who can then sell the flat on behalf of your daughter and remit the sale proceeds to her in the manner desired by her.
Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

1. You can execute a Gift Deed conveying your property to your daughter,

2. Gift Deed needs to be registered also for which she or her POA  holder shall have to be present personally at the registration office to append signature,

3. If she can come atleast for once, you can execute and register the said Gift Deed and also the POA in your name to enable you to Gift/Sale the said property in future in absence of your daughter,

4. If she can not come at all, you can get a POA in your favour executed at Canada and vetted by the appropriate officer of Indian Consulate and send it to you by post,

5. The said POA needs to be adjudicated by local Court/authority,

6. On being empowered by the said POA you can act as a doner and also sign as the POA holder of the Donee, while executing and registering your Gift Deed in her favour,

7. Subsequently, you can also sell/gift the same to anybody and sign the required deed as the POA holder of your daughter for and on her behalf.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

you can gift property to your daughter by registered gift deed then she being absolute owner can execute POA for sale of said flat . POA can be executed in Canada by your daughter and attested before Indian consulate for sale of flat even she can give POA in your favour for sale after 5years or so.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

A. You can execute Gift Deed in favor of your Daughter.

B. While executing the said Gift Deed in favor of your daughter or POA holder must present before the Sub Registrar Office.

C. power of attorney executed outside India needs authentication. It has to be executed in the presence of certain designated officers. So, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government. Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district registrar's office. 

D. Your daughter will have the absolute ownership over the property once registered the Gift Deed by following legal procedures.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

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