• Gift deed

I am based in the UK and I have a property in Mumbai in my name which was purchased by my father 30 years ago. My father would like me to gift deed the property to my mother.
Based on what I have read so far, do I need to - 
1. Create a General power of attorney or a specific power of attorney which the needs to be attested in the Indian consulate in London. Do I need to go there in person or can I post it to the embassy?

2. Once the general power of attorney or special power of attorney is attested by the Indian consulate, do I need to post it to my father who will then register the GPA/SPA at the registrars office.

3. Once the GPA/SPA has been registered my father can execute a Gift Deed on my behalf, right? Of course all the fees paid etc to complete the gift deed process.

Are these steps right or is there anything missing or needs correcting?
Thank you in advance for your time and response.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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10 Answers

1. It's advisable to get the GPA attested by the Indian Consulate or Notary in London. You have to go personally to get the work done.

2.  Yes, you have to send it to your father in India, who has to get it adjudicated in the jurisdictional District Registrar's Office.

3.  When once the adjudication is completed, your father can execute the Gift Deed in your mother's favour, on your behalf, in the jurisdictional Sub Registrar's Office.

4.  Gift Deed attested by the consulate in U.K. and sent to your mother is not the correct route. Your decision of authorising  father through GPA is the correct one.

Shashidhar S. Sastry
Advocate, Bangalore
5483 Answers
332 Consultations

1.  and 2. It is better you execute a specific PoA in your father's name for the purpose of gifting your Mumbai property. Please get it attested by the Indian High Commission in the UK and courier it to your father. You have to present yourself in person before the High Commission there for the attestation.

3. Your father may very well gift the property to your mother based on the specific PoA.

Note: A specific PoA is to be preferred over a general PoA here, if you have only one property to deal with. However, you cannot execute a gift deed there and get it registered here, without being physically present.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

Execute specific POA in favour of father 

 

2) you have to visit Indian consulate personally 

 

3) registration of POA is not necessary 

 

4) on basis of POA father can execute gift deed in favour of mother 

Ajay Sethi
Advocate, Mumbai
97860 Answers
7937 Consultations

 

You should act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97860 Answers
7937 Consultations

- Yes, you are right that the said POA should be notarized as per the rule of UK and further it should be attested from the consulate of India 

- Since that property is in your name then you have right to gift to that property to anyone including your mother.

- Further, as you are abroad then you can execute that PAO in favour of your father , and send to him for appear before the Register to execute the gift deed on your behalf. 

Mohammed Shahzad
Advocate, Delhi
14903 Answers
226 Consultations

You can post it but you need to register it through POA or in person in India 

Of you are the signatory of the specific poa then you need to be present. Now in covid the norms are relaxed you can do it online or through VC

If your mother is in India you can do the needful

Prashant Nayak
Advocate, Mumbai
33128 Answers
215 Consultations

1. You can get the power of deed attested even by a notary public of that country instead of going to the Indian consulate for attestation

However if the consult ate is insisting on your physical presence then you have no choice about it.

2. You can send it to the power agent back in India in a sealed cover who will then get it adjudicated through consent sub registrar.

3. Yes.

 

T Kalaiselvan
Advocate, Vellore
88059 Answers
2377 Consultations

No, you cannot transfer the proeprty by gift deed executed in UK for the property located in India (Mumbai), you can get it transferred through the concerned sub registrar in India  

You do not have to be physically present before the sub registrar once you had given power to your father, he will represent you.

 

T Kalaiselvan
Advocate, Vellore
88059 Answers
2377 Consultations

The gift deed can be signed by you in London in front of 2 witnesses. 

The signature can be put in front of a notary public 

You can then obtain a certificate of Apostille to authenticate the notorial act 

Additionally obtain the endorsement of the Indian Consulate on the signed and notorised gift deed 

The above procedure is to be done also for the special power of attorney (it will be a presentation power of attorney authorizing the the grantee to complete the registration formalities of the gift deed on your behalf)

Both the document ie the gift deed and Spoa alongwith the certificates of Apostille can then be couriered by you to your parent Mumbai 

Your parent can then get the gift deed and spoa stamped 

Thereafter your mother accept the gift deed by putting her signature 

The duly signed gift deed can then be presented to the sub registrar who will register the gift deed and for the donor your grantee under the spoa can admit the significance 

The spoa must also have powers for mutating the name of your mother in the property records 

Yusuf Rampurawala
Advocate, Mumbai
7784 Answers
79 Consultations

Dear client, 

1. Both a general or a specific power of attorney can execute a gift deed. A specific POA can act on behalf of you for only specific matters given by you and a general POA can conduct any type of business. So it is up to you. 

2. Yes.

3. Yes, your father can proceed with the execution of a gift deed on your behalf. 

Thank you. 

Anik Miu
Advocate, Bangalore
10493 Answers
121 Consultations

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