Hello , me ( NRI, Indian citizen) and my wife (US citizen) have agricultural land in india ( title xfd from my mother). We would like to xfr the property to our son (US born) name. Can we xfr the title and register to their names without their presence in india? We both parents planning to visit india in Nov and do this xfr of title and register the property. I checked with registrar office as long as we have family tree it shouldn't be a problem. But is it necessary for them to presence during the xfr of the title and registering? Tks
Hi, your sons presence is very much necessary and if he is major then he has to execute GPA in your favour.
2. After obtaining GPA from your son your wife has to execute gift deed in his name and you being GPA holder you can accept the gift on behalf of your son.
1) your son can execute POA in favour of family member for said purpose
2) POA should be attested before indian consulate
3) son presence would not be required if he has executed POA
Hello When I was in india last May , i was told I cant make gift deed to my son. The recipient has to be a agriculturist to accept gift deed. Only way xfr of title is via parikathu via family tree. This is what I know, may be something is there which I may not know. Tks
1. Yes, since he is your son, you can transfer title of your property in India in his name,
2. For registration of properties , all the parties i.e. transferrers and the transferee are required to be present before the Registrar to append their signature and thumb impression on the records and registration documents,
3. There is also a provision of registering transfer deed before the appropriate officer of Indian Consulate. You can visit your local Indian consulate to enquire about it.
in some states it is necessary that recipient has to be an agriculturist .
2) you have not mentioned where the property is situated in India
Dear Querist
there are three option to transfer the property, One is through sale Deed, Through Gift Deed and through Family Settlement Deed.
it is your choice to transfer the property by any of above procedure.
Feel Free to Call
A NRI cannot buy an agricultural land, plantation property or farmland if the acquisition is by an NRI through a sale-purchase or a gift. This restriction will not prevent an NRI from inheriting agricultural land, plantation property or farmland; however, there are certain restrictions imposed on an NRI with respect to dealing with such type of property once inherited.
NRIs who have acquired foreign citizenship, are sometimes mislead into believing that they cannot continue to hold agricultural land as foreigners cannot hold agricultural land in India. But this is not all encompassing, because Indian NRI’s can continue to hold agricultural land or any other property they own in India provided they had acquired them legally before accepting foreign citizenship. NRIs and Foreign Citizens of Indian Origin cannot acquire agricultural land, even by way of gift. However they can acquire agricultural land by way of inheritance and an agricultural property or land thus acquired can only be sold to a resident in India and not to an NRI.
A family tree of a genealogical tree may also not help a US citizen to inherit the agricultural property in India through his NRI father.
Please check with the local state laws governing this aspect as well.