she can execute POA in favour of her parents or siblings to execute gift deed on her behalf
2) POA should be attested before Indian consulate in USA
3) Based on POA registered gift deed can be executed in your name
Divorce settlement - Property transfer
I live in US and as part of divorce settlement, wife wanted the house and agreed to transfer Indian property (plot) in Hyderabad on her name on to my name. We both reside in US and she cannot travel. What is a fool proof way to get this property on to my name with out any issues, in future when I plan to sell it? She can give a POA but says she cannot travel, what are my options? Thank you for your advice in advance.
Asked 3 months ago in Property Law
Religion: Hindu
11 Answers
Wife can execute POA which shall be required to be duly stamped in India by registrar of stamp in Hyderabad, Andhra Pradesh and on the basis of POA, Gift deed can be made in your favour by POA holder of your wife in your favour, however, your presence shall also be required in Hyderabad.
1. A gift deed executed and registered in India is enough to protect your interest.
2. A POA executed and notarised by her abroad in favour of her relative in India to represent her at the time of registration will also do.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- She can registered a Gift deed in your favor for transfer the said property.
- Further, if she is unable to come to India, then she can give POA to any relative in India for the execution of the gift deed on her behalf
- The said POA should be notarized as per rule of US , and must be attested from the consulate of India in US.
She can execute a POA in favor of any close relative in India duly attested by an official of Indian embassy of that country and the power agent here in India can execute the transfer deed in your favor in India.
Ask her to do Gift deed on your name.
1. Let her execute a registered Gift Deed in your favour in the jurisdictional Sub Registrar's Office.
2. Since she can't travel, she can give POA authorising you to execute the Gift Deed on her behalf.
Execute POA at Indian Embassy.
Dear Client,
To transfer the property in Hyderabad to your name as part of the divorce settlement while both of you reside in the US and your wife cannot travel, follow these steps:
Notarized Power of Attorney (POA): Your wife can engage in the preparation of a power of attorney in your favour, which acts as an instrument in handling property transfers. Notably, a notary public in the US must authenticate this POA. To avoid this, it is recommended that, in drafting the POA, it include an express reference to the power to convey the property in your name.
Apostille or Consular Attestation: Since the notarized POA was issued in the United States of America, it has to get apostilled by the respective authorities. As an alternative, you may request the Indian Consulate or Embassy in the US to attest. These procedures keep the POA legal in India and uphold its authority.
Registration in India: Once you have the apostilled or consular-attested POA, file it and send it to India. POA must be registered through the sub-register in Hyderabad since the property is located there, and the validity of this document must be approved. This step is essential to guaranteeing that for the POA to be legal and effective in India, it has to meet a variety of certain legal requirements.
Transfer of Property: Finally, to transfer the property from the name of the wife to your own name, both of you (or your representative residing in India) can execute the transfer deed, sale deed, or gift deed based on the adjudicated POA. They must be registered with the Sub-Registrar Office of the respective region or country where the property is held.
Mutation of Property Records: Assuming the transfer deed has been registered, apply for mutation of property records in the municipal and revenue departments for a change of ownership. This is relevant to ensure that the records are amended to reflect the current situation and enable the upcoming sale of the house.
No need to travel to India. Both can give POA to any friend/relative in India. You need to get the POA notarized from Notary Public of the State in which you reside. Your POAs will complete all the formalities before Sub-Registrar in Hyderabad and properties will be duly transferred. The POA has to be validated by District Registrar, fee for validation is one thousand rupees.
She can give a POA to someone locally in Hyderabad and that someone can do a sale deed in your favour in the sub registrar office Hyderabad. Pls note that your presence in Hyderabad would be required for this transaction
