1. If a gift deed is made, then registering it will cost the same and equivalent to the present market rate and one has to pay full registration cost.

The best solution is by a will or relinquishing her right from the property.

1) wife can execute POA in favour of family member

2) gift deed can be executed by her POA holder in favour of husband . it should be duly stamped and regsitered

3) gift deed cannot be executed at UK high commission

In your case it is not the gift deed it should have to be Release Deed or Settlement Deed need to be executed.

the Release deed need to be presented and registered here in India in presence of the Sub-registrar of the local jurisdiction.

wife can execute GOA to present her before the sub-registrar on her behalf.

1. She may relinquish her share upon her husband instead of executing a gift deed.

2. Gift deed has to be registered for whoch appropriate stamp paper are to be purchased, therefore a relinquishment deed in your case will do.

3. No gift deed, execute a relinquishment deed.

Contact a local lawyer who may draft the same for you.

Regards

The stamp duty on the gift deed is higher so it is advisable that your wife should make a relinquish deed in your favour which can be registered in India at the local jurisdiction sub registrar where the property is situated.

Sir, you cannot make a gift deed in UK for property situated in India.

Instead your wife can register a Power of Attorney in UK for registering and signing relinquish deed in your favour in name of any of the relative In India and then same person can make relinquish deed and registered in your name and a copy of the same POA can be attached to the relinquish deed.

Dear Client,

In case of immovable property, document required to present for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

Get the deed executed and endorsed by Indian Embassy/UK High Commission and compulsorily be present before sub registrar office with in 4 month to get it registered in India by person himself or (b) by the representative or assignee of such a person, or

Gift Deed will attract heavy stamp duty, Release/Relinquishment deed is advisable.

1. As both are at present living in UK and unable to come to India before divorce, is it advisable that she execute a gift deed, transferring her share of ownership to her husband, at UK High Commission in presence of commission official? -- Valid.

2. Such gift deed will be executed on white paper or stamp paper? If stamp paper, will it be available in high commission and of what value? - Single stamp paper of Rs 500 enough followed by green pie papers. Fee will charge and rest will in India on representation.

3..Is such gift deed valid in India? What steps are needed to get that gift deed registered here in India?What is time limit? -------- 26. Documents executed out of India

When a document purporting to have been executed by all or any of the parties out of 18[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied-

(a) that the instrument was so executed, and

(b) that it has been presented for registration within four months after its arrival in 18[India]

may, on payment of the proper registration-fee, accept such document for registration.

4. Can that gift deed which was executed in presence of high commission official, be presented for registration in India by their relatives in their absence? Is the POA necessary for this purpose? --

5. Please provide a specimen or link for such gift deed to be executed at HC.uk. - For draft deed, contact.

Before sharing more details about the execution of gift deed, alimony is a distinct right of a divorced wife. Joint property acquired during the subsistence of marriage cannot be transferred in favour of the husband as she is the absolute owner of her share. However, she can challenge the deed executed within few months after coming to india alleging coercion, undue influence, etc.,

Therefore, advise you to get clarity on that part before going for execution.

Dear Sir,

You may go through the following link of Ministry of External Affairs in specific of property in India

Property Related Matters of NRIs/OCI card holders in India

http://www.mea.gov.in/property-related-matters-of-nri-oci.htm

1.Gift deed has to be registered in the local registration office in India only. The High Commission ahs nothing to do with this.

2.To do this at least presence of one person si required while another can give a POA to his/her relative in india to present him at the time of registration.

3. Such POA can be executed in UK but has to be notarised in UK and then adjudicated in India.

4.the rests of your questions are hence not required to be answered anymore.

Hi,

Ask your son's Ex wife to executed POA in favour of her relative/friend who is in India at the India Commission and attest the same. Send it to her Indian relative/friend so that he can attest/accept the same in India at the Sub registrar office in India.

Then he can execute the Release/Gift Deed in favour of your son on her behalf.

If your son is also unable to come to India to get the release Deed executed in his favour, he can also execute POA as referred above.

Regards,

Hello mam, the gift deed can only be executed before the registrar in Bangalore...

1. Both have to give a PoA to their respective representatives, so that the representative may represent them in this particular transfer in India. Not gift deed but PoA has to be attested before the Indian Embassy at UK and then required to be sent to India.

2. See 1.

3. PoA will be in UK, Gift Deed will be executed in India in between the repecticve representatives of your son and his wife.

4. NA.

1. It is not valid and the transfer is not recognised in law in India.

The transfer of property situate in India can be done only by a registered deed executed by the transferer in favor of the beneficiary in the presence of the sub-registrar and recorded therein.

2. If this type of transfer itself is not valid in India, there is no question of white paper or stamp paper for this to be presented before high commission.

3. It is not valid in India, she has to execute a registered gift deed in India in his favor after which he can become an absolute owner of the entire property.

4. When the gift deed itself is not valid then ther is no question of any relief in the manner of further questions on this.

1. Relinquish deed, in gift deed you have to pay about 4% of stamp duty plus the registration charges depending on state but for relinquish deed only the registration charge which is also less.

2. On the website Kaanoon.com there are many Great lawyers from Banglore.

3. The date of Expiration can be specified in General POA itself if not mentioned it is valid unless revoked or on death of any of party to POA.

4.Sir if you execute a gift deed/relinquish deed than register it in India your wife has to be mandatory come along with you for registration or for registration you have to take POA then pay stamp duty here than get it registered. So makes no difference. You can get POA for execution Registration or for registration. According to me get a POA for execution or registration so if there is need to sign any other document or any formality left you do not need to suffer loss of time and money.

.

You are right.Service of execution of gift deed can be availed at the HC, UK by both Indian and other passport holders. To know more about the service and the steps involved, please visit:

https://www.hcilondon.in/pages.php?id=73

Number of lawyers on this website from Bangalore

2) you can contact any of them

3) POA executed abroad has to be submitted for registration within 3 months

4) gift deed or release deed has to be submitted for registration within 4 months and with penalty another 4 months

1. As told earlier relinwuishment deed will be the better option.

2. You may take telephonic consultation with any advocate based in Bangalore to get your work done.

3. There is no time limit per se.

4. In my advise that can not be done as for execution of the gift deed, certain amount of stamp duty is required to be paid.

Regards

1. Legally valid option is transfer by registered gift deed because it is joint ownership and no co-shared by inheritance. Hence release deed may not be applicable to this situation.

2. Instead you can contact anyone from Bangalore forum this forum too.

3. There is no time limit, if the deed is ready than it can be registered on the same day.

4. You can contact the high commission for further details.

Dear Sir,

My answers are as follows:

1. Most of the advocates have replied Release or Relinquish deed is suitable in this case instead of Gift deed because of higher cost & not viability due to joint ownership. I am confused. Please let me know which alternative is best?

Ans: Yes, Release or Relinquish Deed are appropriate but they must be registered in India since POA registrations not acceptable and not recommended by Supreme Court.

2. As I intend to get a POA and Release deed drafted, I request bangalore advocates to please contact me and provide me your phone no.and mail id, so that I may contact you.

Ans: Yes, but some problems will arise later on if registration is made using POA. The law laid down by SC is given below.

You may contact my office in Bengaluru for necessary guidance.

3. Please let me know the time limit of POA, for its own registration and registration of Release or Gift deed.

Ans: Not recommended registration by POA. If you insist at your risk it can be done. There is no limitation and it will expire on the whims and fancies of executor of POA.

4. Mr Yogendra Singh Rajwat, Jaipur is the only advocate who has said gift deed can be executed at High Commission and presented for registration in India. I too checked at High Commission web site and found that they are providing this service at some cost like POA.

Ans: To many consultations may lead to confusion. In case of medical and legal services the patient/client must have faith otherwise one could not find solution.

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

It is advised to get a release deed registered with the support of the POA.

Please opt the mode according to your suitability. If your ready to bear stamp duty, go for GIFT DEED,

AND in joint ownership, Relinquishment deed, best option.

Hi,

with so many responses, you query seems to be solved